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:
|Name of Cookie
||Used only to collect performance data, with any identifiable data obfuscated
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- 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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||First / Third Party
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||Helps to understand how their visitors engage with our website
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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
8:44 AM, 18th September 2017, About 6 years ago
I'm not certain of the legal position, but you don't have to be too 'helpful' if the landlord wants to arrange viewings before you leave, or you could explain any issues to prospective tenants the landlord brings round.
8:57 AM, 18th September 2017, About 6 years ago
Most ASTs contain a clause that one months notice must be given, expiring the day before a rent due date. And normally contains a separate clause stating that if a tenant is obstructive to viewings in the last month then the landlord can charge up to one months rent. I would advise a thorough reading of your tenancy agreement.
9:06 AM, 18th September 2017, About 6 years ago
And there is no obligation on the landlord or agent to notify you of the ending of the fixed term and commencement of a statutory periodic one. Also be careful that completion dates on purchases can either be extended or collapse completely and you may be asking your landlord or agent to "hold over" for a few days or even weeks while it finally completes. A reasonable landlord or agent may agree to this provided a new tenant is not due to move in. If they have then you are obliged to move out- but you can only be forced to move out by order of a court. Which takes at least two months under Section 21 Notice plus court time. So landlord is better off negotiating the move out date.
9:44 AM, 18th September 2017, About 6 years ago
One months notice means from the day before you pay you rent. If you paid the rent for this particular month, you can't just choose any old day you like and count that as one month. That's why it's called one months notice. You might pay your rent on the 28th of the month and give notice on the 29th but effectively your going to be there nearly 2 months, because you missed the deadline by one day . It's the same if you pay your rent weekly. One full week from the rent payment date Regardless of when you decide too leave. It's all in a standard AST. And on line regarding periodic notices. It's the same for everyone. Your not being singled out......
10:15 AM, 18th September 2017, About 6 years ago
Reply to the comment left by Paul Green at 18/09/2017 - 09:44
There is no notice period for tenants set down by statute, unlike landlords (where of course it's a minimum of 2 months before the last day of the fixed term or at any point after fixed term ends).
A tenant's notice is therefore whatever is in the agreement, and the one calendar month at the monthly tenancy renewal date (as in this case) is the most common. Unfortunately, this does mean the landlord can hold a tenant to this. This would most likely mean rent for the remaining notice is deducted from the deposit, as arrears, but if there is no deposit or the deposit doesn't cover most landlords would simply write this off unless the sum was substantial.
This makes the situation difficult where the tenant is buying a property, as the conveyancing process typically takes 4 months (but could be longer or shorter) and nowadays the completion date comes up very soon after exchange, so those in the chain have little time to prepare for moving (when I last purchased in 2012, I had 2 weeks from exchange to completion after waiting 5 months).
I would suggest that Diane contacts her landlord directly and explains the situation, perhaps you can reach a compromise between you? Unfortunately, agents are likely to simply stick to the letter of the agreement; the landlord may well be more flexible if you can talk to him/her one to one and politely explain your difficulty. If you don't know who the landlord is, you can do a search online with Land Registry.
11:23 AM, 18th September 2017, About 6 years ago
The other thing to bear in mind Diane is that if you give notice, this legally ends your Tenancy on the last day of your (Correctly given) notice period, no ifs or buts. This means that the Landlord cannot accept further rent from you without this creating by default a NEW Tenancy, not an extension of the original. As this would therefore be an undocumented Tenancy, with only the very basic conditions of The Housing Act applying to it, a Landlord would be foolish to do this because of the difficult legal position this may put him in if you then decided to stay on due to the collapse of your purchase or some other reason. This is also one reason why most agents will stick to the letter of the Agreement as noted by Mandy above as they are trying to protect the Landlord (Even though the Landlord may not realise this). Obviously from your point of view a new Tenancy also means that a new notice must be given if you then wish to leave at a later date. Now, all sorts of informal agreements can be made that do not follow the correct procedures however you and the Landlord must take educated (Or uneducated) risks in making those agreements as the consequences can be many and may be unknown to you at the time. For example, if you give notice and do not leave at the appropriate time the Landlord can refuse to enter a new tenancy (Remember your original one ends whatever your wishes as you have given notice) and therefore not accept rent from you. However the Landlord can then invoke the Distress for Rent legislation which allows for you to be charged double rent for the period you stay beyond your notice period. You could also be responsible for any re-marketing costs of the Landlord if he loses a new Tenant that cannot occupy the property because you refuse to leave.
14:02 PM, 18th September 2017, About 6 years ago
Reply to the comment left by Ray Davison at 18/09/2017 - 11:23
When anyone - whether landlord or tenant, gives notice to end a tenancy it is simply that - a notice of intent, it does not bring the tenancy to an end until the tenant follows up with a surrender - meaning they give vacant possession.
Until the tenant surrenders (or is physically evicted by court bailiffs carrying out a court possession order) the tenancy continues.
A tenant is entitled to an initial 6 months of statutory fixed term which once spent can only be renewed by the landlord granting a further fixed term.
Source: I work as a landlord advisor for a national landlord organisation and this is a very common situation.
14:16 PM, 18th September 2017, About 6 years ago
Hi Mandy. You state:
"A tenant is entitled to an initial 6 months of statutory fixed term which once spent can only be renewed by the landlord granting a further fixed term"
Unless of course it goes onto a statutory periodic- as in this case- and it continues on a rolling monthly basis.
15:29 PM, 18th September 2017, About 6 years ago
Reply to the comment left by Mandy Thomson at 18/09/2017 - 14:02
"When anyone - whether landlord or tenant, gives notice to end a tenancy it is simply that - a notice of intent, it does not bring the tenancy to an end until the tenant follows up with a surrender - meaning they give vacant possession.
Until the tenant surrenders (or is physically evicted by court bailiffs carrying out a court possession order) the tenancy continues."
Mandy, I am not a solicitor so I cannot factually say that you are incorrect here however the information I have seen both from a national landlord organisation and from solicitors would suggest that you are. The advice I have seen is that a notice to quit from a Tenant does indeed END the Tenancy (Although may need an eviction process to enforce it) however as you say a S21 from the Landlord does not (This does, as you say, require either surrender or eviction). This is why you can implement the distress for rent act.
Maybe we both need to go away and re-check this?
15:49 PM, 18th September 2017, About 6 years ago
Reply to the comment left by Mandy Thomson at 18/09/2017 - 14:02
It should be stressed that a valid notice to quit does end the tenancy on expiry. The actions of the tenants have actually no bearing on this.