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:
||means an account required to access and/or use certain areas and features of Our Site;
||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
||Means 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.
- 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 email@example.com, 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?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section 14.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
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- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
19:45 PM, 2nd April 2013, About 10 years ago
What is different "one in one out" but I would strongly recommend a new AST as the Law is clear, all persons residing over 18 should be on the tenancy and maybe put a clause in there saying if the lodger/sherea changes you must be informed so you can prepare another one etc?
22:04 PM, 2nd April 2013, About 10 years ago
Technically it will be an HMO if the lodger isn't related to the couple - some lenders are OK with this as long as they're all on one tenancy agreement, but others may not be, so make sure it won't be in breach of your mortgage conditions.
I agree that it's a good idea to have them all on the tenancy agreement but for that to happen they all have to be willing to sign up to joint and several liability.
0:46 AM, 3rd April 2013, About 10 years ago
No there is NO requirement or need for a lodger to be put on the AST.
A lodger's agreement is ALL that is required.
Your AST is with the tenants.
You give permission for them to have a lodger/s providing they are aware that if the lodger/s don't pay then that is the tenant's problem not yours.
What the tenant cannot do is state the lodger hasn't paid me so I cannot pay full rent.
Your response will be I will enforce a notice to quit if you do not pay full rent.
A lodger has only security of tenure for 1 month.
1 month's notice will be given by the tenant.
If the lodger refuses to leave the police may be called to remove him.
The property won't be an HMO as there is only 1 additional household.
The tenants are effectively the owner of the property and the lodger the 2nd household.
I always give flexibility for a tenant to have an approved by me; lodger if that helps them stay tenants.
Which is the reason I got 2 bed properties as there is the flexibility for a lodger/s if required.
6:46 AM, 3rd April 2013, About 10 years ago
Well ive decided to give the couple permission to take someone in and they have now found a lady friend who they will be taking on a month by month basis. Weather or not its correct im kind of thinking turning a blind eye to it in the interest of keeping the tenants in there is the best thing to do. They pay me £1500pm for the property and have been there 3 years and have been as good as gold so i think it will turn out ok. If on the other hand i say no and they vacate i will then have to pay for an agent to get me another tenant and where im from a "tenant finders fee" ie the agent gets the tenant then i take over is a one off fee of £600+vat plus re protection of a deposit. I do think as a married couple renting the "property" from me they are free to do what they wish with the spare bedroom as long as its not illegal, they are still responsable for the property as a whole weather or not they have someone in the spare room or not. Obviously when they do vacate in the future any deductions needed will come from there deposit regardless of who damaged what.
Mark Alexander - Founder of Property118
7:19 AM, 3rd April 2013, About 10 years ago
Good morning Rob
I don't think the property will be an HMO as Lynne suggests, even if it is in Scotland. However, having never been asked this question I am reluctant to provide definitive advice on whether to re-let the whole property on an AST or whether you can give permission to sublet. The fact that the property is a leasehold concerns me as the lease may prevent your tenant from subletting.
Two people I'm certain will be able to give you a definitive answer on this are Tessa Shepperson from Landlords Law and Sam Cowen from SpareRoom.co.uk so I have emailed them both a link to this thread to request advice. Hopefully they will respond today.
9:08 AM, 3rd April 2013, About 10 years ago
My view is that allowing tenants to take in a lodger is a sensible solution to the problem of tenants being unable to afford the rent. However you do need to be careful about the HMO situation.
HMOs are a complex area of law - for example this is the definition in the act http://www.legislation.gov.uk/ukpga/2004/34/part/7/crossheading/meaning-of-house-in-multiple-occupation. (People who want some help in this area should click here http://www.schoolforlandlords.co.uk/landing/hmo-norwich/)
I understand taking in one lodger cannot of itself create an HMO situation although I can't at the moment find any authority for this. But I think they should be OK if it is just the one lodger. So long as the other people in the property do not consist of more than one 'household'. If they are a husband and wife that will be one household.
I agree that it is not necessary for a new tenancy to be given, in fact it may be better to allow the tenancy to roll on as a periodic as this will allow both parties to end the tenancy quicker if things do not work out.
Just a letter to the tenants saying that they are entitled to have one lodger but no more should suffice (keep a copy). This should, as one of the other commentators has said, make it clear that they are liable for any damage done by the lodger, and require proper referencing and paperwork.
They can find suitable paperwork here: http://www.yourlawstore.co.uk/catalog/lodger-landlord-products/
9:19 AM, 3rd April 2013, About 10 years ago
Thanks for the info mark and tessa it seems that my way of thinking was correct for once,thats a first! I agree if it helps my tenants out in regards to affordability then its defenatly a good idea to help them out in any way otherwise it ends up costing me money.
9:29 AM, 3rd April 2013, About 10 years ago
Rob, I would tend to agree with Paul. If you're happy for the couple to take in a lodger, you should recommend that they have a written agreement to remove any understandings about when the lodger's rent is due and who it is payable to. You can find a useful lodger agreement document to download at http://www.spareroom.co.uk/content/info-landlords/lodger-agreement/
As an alternative you could decide to rent out your property by the room, putting each tenant on their own AST. This would give you more control over who lives in the property and you don't have to worry about having a separate arrangement between your tenants and a lodger. You can find individual tenants who wish to share a house on SpareRoom, and avoid agents' fees. If you do go down this route, it's best to give the current tenants some say in who they take in as a flatmate, so that they are happy to continue living there with them.
9:45 AM, 3rd April 2013, About 10 years ago
Im probably thinking about this way too much now but if my tenant sublets the spare room to a lodger then that would basically make him a landlord to the lodger so;
1. Does he have to take a deposit off the lodger to cover damage?
2. Does he have to secure that deposit?
3. Is he liable for tax on the rent he collects from the lodger?
9:51 AM, 3rd April 2013, About 10 years ago
1. Does he have to take a deposit off the lodger to cover damage? - no, its up to him, you never HAVE to take a deposit
2. Does he have to secure that deposit? - No. It won't be an AST. The regs only apply to ASTs
3. Is he liable for tax on the rent he collects from the lodger? - Probably not as there is the rent a room tax allowance