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
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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 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);
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- 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?
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- Number of properties owned;
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- 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:
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- 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.
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- 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
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- How Can You Access Your Data?
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- Contacting Us
10:09 AM, 14th October 2022, About 8 months ago
The council will probably lift the covenant for a Hefty fee
Like a ransom strip scenario
10:10 AM, 14th October 2022, About 8 months ago
I think you are wrong that splitting the tile will allow one house per title; it doesn't work like that.
You need to make sure that title is good so that you can sell or mortgage. If you get it worn you can do neither, and may be liable to the council for the breach.
What you should do is negotiate with the council for the covenant to be lifted. They may not agree. Alternatively (and more usually) they will agree but want a share of the uplift in value. You need a good surveyor to negotiate wih the council on your behalf - it's complex and they need to understand value, costs, etc. to get a decent result for you.
10:22 AM, 14th October 2022, About 8 months ago
I have done this twice.
One council charge £14,500 for a piece that sold for £48,000 and the other Local Authority did it for free.
Expect to pay a third of the value which is the laid down value of ransom strips.
It was agreed in a court case some years ago.
I would have a look at your Local Plan as I am also a Planner and some Architects are no as up
On Planning Policies as sometimes they could be.
This is not legal advice and you need to do your own research.
10:52 AM, 14th October 2022, About 8 months ago
Reply to the comment left by Jerry Stone at 14/10/2022 - 10:22
Jerry is broadly right, but the 1/3rd is not an absolute given - it's a starting point that's actually based on a compensation case (Stokes v Cambridge if you're interested).
If the covenant is a total ban on development, then it's a horse trade as to how much will get paid. How desperate is the council for money (or how savvy are they - often they do miss the detail of these things)? How badly does the OP want to do a deal?
If you start at 1/3rd you need to know what it's 1/3rd of. Is there a base value? How are costs treated?
11:10 AM, 14th October 2022, About 8 months ago
In addition to Jerry and Graham's comments, take a look at the local plan to see what the council has committed to in terms of providing additional housing. You are effectively helping them meet this target!
A planning consultant would probably be your best bet in understanding the council's expected response and helping negotiate any payment.
11:22 AM, 14th October 2022, About 8 months ago
Reply to the comment left by Rod at 14/10/2022 - 11:10
Your comments are partly correct however the 5 year housing land supply is not particularly relevant for this as it’s only two houses and it’s a residential area.
It would be a windfall allowance.
Planning would have nothing to do with payment.
Planning and covenants are completely separate items.
I am a planning consultant.
I happen to know about them because my business partner in my rental development business is a very good Property lawyer.
11:24 AM, 14th October 2022, About 8 months ago
Reply to the comment left by Graham Bowcock at 14/10/2022 - 10:10
Thanks Graham.. Then how splitting plan works. I was told by my solicitor that when you split, each splitted property would have same covenant, which I interpreted as I will be allowed to have single dwelling one each one. Do you the think it would not be the case? then what would be the outcome of that effort?
I am planning to go to council anyway and I don’t mind sharing profit/increased property value etc. with them but I am keeping that as option 2 if I fail in my splitting plan .
12:03 PM, 14th October 2022, About 8 months ago
Reply to the comment left by Martin at 14/10/2022 - 11:24
The covern. Will cover all the land as one. Splitting the title will not address this.
Approach the Property department at the Council and check that they will lift the concern. Then deal with Planning.
12:19 PM, 14th October 2022, About 8 months ago
You need to get a good solicitor and get them to look at S84 of the Law of Property Act 1925.
12:20 PM, 14th October 2022, About 8 months ago
Reply to the comment left by Jerry Stone at 14/10/2022 - 12:03
Thanks Jerry, I have dumb question.. Should I contact council by myself or someone experienced is better because my solicitor doesn't seems to have expertise in it.
Do you recommend anyone well experienced in these type of matters ? Property is in East Midland region.