Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.property118.com
(“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
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- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at firstname.lastname@example.org, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
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- Contacting Us
14:34 PM, 8th April 2013, About 10 years ago
This all depends on the leasehold contract.
If there is no mention of rental tenants in the leasehold contract, then I would ask the management company to highlight where in the leasehold contract that allows them to charge different rates due to occupancy type. And I would definitely raise this at the AGM.
22:46 PM, 8th April 2013, About 10 years ago
The additional charge seems entirely random, and if it is not provided for under the lease, Memorandum and Articles of the Company or any other formal documentation - you should establish whether the Management Company Directors have the authority and have Minuted the resolution to impose such a charge - if they can, how is it assessed and justified?
Be careful in your enquiries not to shoot yourself in the foot - the Directors could realise from your queries that they are exceeding their powers and promptly try to regularise the charge at the AGM. If I were you I would check who the Officers of the company are - owner occupiers or landlords - you will know where the balance of power lies or who you can lobby. Maybe you can get yourslef elected as an officer of the Mgt company?
If the charge is found to be legitimate, and you still do not pay, the Mgt Co can approach your mortgagee for payment, which you should aim to avoid.
It is unfortunate that many self-managed Management companies mean well but do not always appreciate the legal framework within which they should act, which can be quite complex.
10:33 AM, 9th April 2013, About 10 years ago
Thanks for replies, I have checked the leasehold contract and there is nothing that refers to rental at all so I will bring this up at the AGM.
14:34 PM, 9th April 2013, About 10 years ago
Hmm, my opinion is that the leasehold contract takes precedence. A management company is not allowed to invent charges out of thin air (even by changing the management company articles or making an AGM decision).
A few years ago, we forced a block landlord to refund most of our fees at tribunal. The fundamental reason that we could do this was that the leasehold agreement was so defective that the management company could NOT charge management fees at all! The management company was also a con company and we also successfully actioned an RTM against them. I became a director of the new management company and helped the other owners run the company till I sold out last year.
- Our biggest issue with the new management company was that we fully depended on the solidarity of the owners to pay their fair share. If they did not pay, then we could not enforce payment. This was due to the defective leasehold contract.
- In conclusion, if the leasehold agreement allows selective fees, then the owner has to pay. If the leasehold agreement does not have selective fees, then the management company could be found liable at an LVT.
- Note - I'm not a lawyer (and property law is full of quirks), but it was definitely interesting chasing down the dodgy management company and making them pay...
19:15 PM, 9th April 2013, About 10 years ago
I don't disagree. I am not a lawyer either but I believe the lease(s) and any Deeds of Variation are the priority documents, and there may be other provisions in the Mgt Co documents.
My point is that Russell should establish under what authority if any the charge has been levied; hopefully there is none, and he should find out before the meeting that he has support and the necessary facts to argue against the charge.
19:47 PM, 10th April 2013, About 10 years ago
Hi. Any management company can only ever charge what is allowed for in the lease. If the management company are trying to enforce something that is not in the lease then you can take it to the Leasehold Valuation Tribunal (LVT) for a determination - or threaten to do so. If it aint in the lease they cannot charge it. If you all own a part of the freehold then there is probably either an RTM Company or Residents Management Company in existence, or there are mechanisms in place for electing Directors at AGMs. If you have more landlords than resident owners then get all the landlords on board and get yourselves on as Directors and quash the motion.
9:23 AM, 11th April 2013, About 10 years ago
Quite a lot of reaction here. If I can I will explain why, in all probability, there is a plan to levy this charge and to explain some of the problems which can arise where there are tenants in leasehold property. Many of you will be aware of what I am going to say but it may prove useful to others
Most specialist block management companies - especially the smaller ones that offer a more personal service - are not out to make unreasonable charges although they do need, as all professional firms need, to ensure that their business is profitable. Most of the problems arise when estate agents do a bit of management to bump up their income or from very large firms where service is impersonal, staff leave frequently without conducting a proper handover and problems are not dealt with. We all make mistakes but the issue is how quickly and satisfactorily they are dealt with. Our firm are not surveyors but we abide by all the management codes of the RICS which are the most stringent. This is really much more important that what trade associations firms belong to. Also we never advertise and all our business comes from recommendation.
Good managing agents always abide by the lease clauses and their management contract with the freeholder will set out exactly what they can charge for based on the lease providing for service charges and management. If there is no management fee provided for in the lease you cannot use a managing agent unless all of the lessees agree to vary the lease to provide for their fees and for service charges to be collected. Most sensible buildings would do this as self management sounds wonderful in theory but it practise it is not so great
In your case it is a self managed building which means everything has to be done by agreement between the lessees/joint freeholders which may save some money in management fees but clearly causes headaches.
As far as the reasoning behind the charge the bottom line is, that having been a managing agent for 21 years now, there is no doubt that the majority of specific incidents of damage, carelessness and lack of consideration in the way a building is kept come from tenanted flats. That is a fact; the majority of tenants in flats are reasonably short term and they take little care when moving in, moving out, making noise generally not being as neighbourly as resident owners. Sometimes one difficult tenant can cause havoc in a block.
It is also a fact that many people who consider themselves to be professional landlords actually mean that they wish to maximise their income from a tenanted flat whilst minimising their service charges expenditure on the communal areas irrespective of how this affects resident lessees and their peaceful enjoyment of what is their home and probably their pride and joy.
when problems arise and there is no management the lessees have to deal with this themselves. That may be what your co owners are trying to do and if the majority of owners wish to pass a resolution saying that buy to let owners have to pay a little extra to deal with more frequent decorating or cleaning that is really not unreasonable, providing the money is used for the benefit of the building
Where we have a block that is fully managed we have a tenant's registration scheme offered to buy to let landlords whereby, for a fixed fee, we deal with all issues which can arise from a tenancy causing problems from notifying the owner and his letting agent of a problem, to following up the matter and reassuring other lessees up to the point of forcing an eviction if there is a tenant causing very serious problems which does happen. In the past few years in very good areas of London I have had to deal with, amongst other things, two cannabis factories in flats, a brothel and several tenancies where one person has rented the flat and is clearly sub-letting to six or more people. There have also been instances of people moving into buildings where pets are not allowed and suddenly a pit bull terrier is living in the flat. In several of these cases there was no letting agent involved but the owner of the flat was a "professional landlord". If you lived in this building would you like to know that a dog like this left its calling card down the staircase and there were no available funds to get the carpets cleaned "as they were cleaned a few months ago". It may be obvious to say that the owner of the flat should pay but what happens to the building whilst you are getting the funds from him, particularly if he is no co-operative.
If lessees do not wish to sign up to our scheme they are made fully aware that if we have to become involved in issues regarding their tenants we charge on a time basis as dealing with this sort of stuff is not day to day management covered by the annual fee.
I hope this goes some way to explaining what may be the reasoning behind the plan.