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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||Used only to collect performance data, with any identifiable data obfuscated
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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
13:54 PM, 1st May 2018, About 5 years ago
If your case was settled by consent/Tomlin then the other party would not be able to recover costs forming part of the settlement. No info has been supplied relating to the terms of settlement.
Your settlement should state "full and final settlement", except for enforcing the terms of the settlement agreement.
The Landlord may be attempting to rely on a costs recovery clause in your lease.
You should read Chaplair Ltd v Kumari-Court has power to order a tenant to pay the landlord’s ‘contractual’ costs pursuant to the terms of the lease.
You should seek legal advice.
1:45 AM, 2nd May 2018, About 5 years ago
Reply to the comment left by trevor white at 01/05/2018 - 13:54
I've seen some worrying postings regarding the affect of Chaplair Ltd v Kumari. What is the truth? Does it mean that regardless of win or lose, in the small claims court, the management company if they have a costs clause in the contract/lease they can come after you for legal costs. Or do they have to actually win the costs in court to claim it back.
23:22 PM, 2nd May 2018, About 5 years ago
Reply to the comment left by Tango1234 at 02/05/2018 - 01:45
The situation is that if the lease (which is a contract legally binding you) has a costs recovery clause that clause operates independently of a judgement of a Court.
The Landlord though, should not be able to recover if they have settled with you agreeing not to in effect invoke the clause. To be safe reference should be made to the costs recovery clause in any such settlement.
8:15 AM, 5th May 2018, About 5 years ago
Thank you fellas for your response and yourself Trevor for the advice.
The solicitors for the landlord company did offer me the "Tomlins Order " option, but after reading up on the internet and not likeing it's implications, I turned them down. As I was so confident of my position and felt I did not have to accept what was correct with any previso or hidden agenda.
Some weeks later the same solicitors offered a "Full and Final Settlement", when the true and correct sum of arrears was realised and all agreed to.
So does this now pave the way for me to make a claim against my Landlord to recover my legal fees involved in fighting inaccurate accounting, a Freeholder who was non compliant with service charge demands and a spurious & unlawful charge being attached to my lease for 2 years?
Thank you BB
10:41 AM, 5th May 2018, About 5 years ago
The key thing here is that if your lease contains a recovery clause you would have to show that whatever you agreed to suspended the invoking of such a clause. The clause usually operates independently of an outcome in a claim/dispute.
It is usually drafted such that all costs incurred by a landlord regardless of fault/outcome are paid by the tenant.
You are contractually bound by all terms in your lease which a Court will not usually interfere with.
The issue is what you signed up for as opposed to what is fair/unfair.
This issue i believe has attracted Goverment/interested bodies etc attention.
It would appear to be a grossly unfair contract term.
8:52 AM, 6th May 2018, About 5 years ago
Thank you very much Trevor, it seems you know your stuff on such matters.
Would it be your opinion, the fact that my landlord Co. did not and still does not issue any, let alone the correct Service Charge demand, accompanied by Summary of Tenants Right and/or all other required document each and every year, such as summary of expenditure etc. This being compliant to LTA requirements, failure makes collecting and recovery of any debts illegal. If these are not produced any arrears of 18 months or older are nor recoverable under Section 21 of LTA 1985, often referred to as "the 18 month rule".
11:21 AM, 6th May 2018, About 5 years ago
Reply to the comment left by BB at 06/05/2018 - 08:52
Yes i agree with you on the issue of enforceability. A Tribunal would make an order/ruling on costs but that ruling cannot conflict with a costs recovery clause in the lease in favour of a landlord. The clause acts as an insurance policy for the landlord as regards costs however incurred. (i obviously have not read your lease, so am making a general statement)
You should be able to claim/claw back the entire sum demanded/paid as service charge going back 6 years.
14:33 PM, 12th May 2018, About 5 years ago
Thank you very much once again Trevor. Firstly I shall have to review my Lease thoroughly to see if there is a "Cost Recovery" clause.
As you are obviously well acquainted,
or it would seem to me with matter such as this. So please where would this clause appear on a generic Leasehold?
Finally the last paragraph of your comment:-
"You should be able to claim/claw back the entire sum demanded/paid as service charge going back 6 years"
Is this set in law Trevor? As I am not familar with this. So please again, I d be very grateful if you could point me in the right direction as to where to find it.
Thank you very much.
15:36 PM, 12th May 2018, About 5 years ago
Reply to the comment left by BB at 12/05/2018 - 14:33
Not all leases contain such a clause (costs recovery).Some are silent on it except for the costs of enforcing the specific provisions in the lease. Your lease might for example only deal with costs incurred by your Landlord where forfeiture, consents, etc required are dealt with.
Where a lease contains no such clause (recover) the issue becomes one of what is reasonable. Were the costs reasonably incurred becomes the issue.
Going back 6 years refers to the Limitation Act 1980.
Applying the Act above you are limited to the last 6 years as regards claiming back sums paid over as regards unenforceable service charge demands.
Note that a tainted demand makes the whole sums demanded/payed, repayable to the leaseholder.
4:10 AM, 13th May 2018, About 5 years ago
Reply to the comment left by trevor white at 12/05/2018 - 15:36
Thank you Trevor, I really appreciate your advice and I shall have a look into this. I would think from what you ve said, that you are either a solicitor, or involved in the leasehold/freehold business, correct? As I don't want to go off all guns blazing if this is not 100% correct. It's very strange how two separate solicitors working for me never mentioned this possibility. As I have had no, zero S C demands since 2005.