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 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?
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 email@example.com, or using the contact details below in section 14.
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- 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.
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- 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
16:40 PM, 7th February 2023, About 2 months ago
Oh dear! I think you need help from a competent agent and solicitor. I comment on your points as follows:
"Despite this, after many calls – the tenant is refusing to answer the calls – I found out that a bunch of keys have been left with the estate agents."
The tenant may have intended to surrender.
"Question is, do I go to the property and now asses the condition? The last time I looked at the property was about 7 months ago at viewing – not sure what condition the property would be in now."
Yes of course you should inspect it.,
Can I legally request a 3rd party to view with me as evidence, should there be any damage – hoping there isn’t. Why should you not be allowed to do this? Your question indicates you need help from someone experienced with lettings. Given that there is no deposit and probably no clear record of the condition of the property at the start, it may be difficult to claim for disrepair.
"Also, the tenancy agreement signed previously states that the tenant cannot leave the contract without the landlord agreeing to this being nulled and up until then, the tenant is obliged to continue paying rent until I find new tenants. Can I take her to court based on this?"
It is an odd tenancy that says this as it is implicit. I suspect it was poorly drafted in the first place.
"I have no other details for the tenant apart from the name and a mobile number – maybe the previous landlord would have this. Can I take legal action?"
So any legal action is going to be difficult. I suggest you message the tenant asking them to confirm they wish to give up the tenancy.
You may have a claim against your solicitor if they exchanged contracts without your authority.
11:43 AM, 8th February 2023, About 2 months ago
It looks like a good result to me. The tenant has indicated they have left the property, have left you the keys, albeit inside the property, so you are absolutely able to enter the property.
Even if they hadn't said they are leaving, if you give notice you are able to enter the property to inspect.
Although they haven't paid rent for two months, if you had to go down the eviction route it would likely have been a year without rent.
As for the property condition, as the last poster stated, without an inventory or deposit, you don't have any recourse to claim for anything you may decide was willful damage by the tenant.
I think it is best to reclaim the property and move forward with renovating or whatever is necessary and ensure that the next tenancy starts with the correct paperwork and due diligence.
As for taking legal action against your solicitor, they sound incompetent and it is probably worth taking action here or at least reporting them to their professional body.
11:48 AM, 8th February 2023, About 2 months ago
"She, the tenant sent me a low level English text stating that I now have the keys (?1?) and she will be posting the front door key to the address next week and has moved out of town."
Ian is the expert here, but my question would be if the tenant has messaged in whatever form and stated that she has moved out, keys have been posted or returned then the tenancy has been legally surrendered and you have full legal possession?
Whether or not you can recover any unpaid rent-property damage is another matter and probably not worth pursuing, however I would be raising a formal complaint with your conveyancer-if indeed they are at fault and did a shoddy job.
11:59 AM, 8th February 2023, About 2 months ago
Legally you have no right to enter the property unless tenant has signed deed of surrender. Although they have said they are leaving and keys are inside, this is legally a bit of a grey area, and if they have left anything inside they will still have the legal right to claim it within a "reasonable" timeframe. Make friends with the neighbours. Ask them to send you a message saying that you smell gas. This will give you a legitimate reason to enter the property without prior notice. Leave a notice inside asking tenant to contact you urgently within 2 weeks, and send same message to tenant by email, whatsapp, sms ....every way you can. Leave it the 2 weeks and if there is nothing inside I would take back possession. Legally you are SUPPOSED to go through court possession order after abandonment, but if there is nothing to come back for, it's pretty safe to take it as abandoned and save the court costs. If youve done everything you can to confirm tenant has left then you should be ok from any comeback.
If there is nothing left except keys, just crash on and be happy theyve left...youve just saved a fortune in court costs and stress therapy.
12:12 PM, 8th February 2023, About 2 months ago
Reply to the comment left by Raz at 08/02/2023 - 11:59I am not a lawyer. However, I understand that one of the standard legal forms (TA6) is supposed to be signed by all occupiers of a property before exchange so that you, as buyer, can enforce vacant possession on completion. If I didn't get vacant possession, I would ask the conveyancer first to check they followed this procedure. If they did their job properly, then you may be able to take action against the seller for breach of contract. If the conveyencer was incompetent, I would first use the conveyancer's complaints procedure, and if not satisfied either approach the council of licensed conveyancers or, if the conveyancer was a solicitor, the solicitors regulation authority to say my conveyancer was negligent. You can get advice from the legal ombudsman (https://www.legalombudsman.org.uk/make-a-complaint/).
12:54 PM, 8th February 2023, About 2 months ago
Print off the text stating "that I [you] now have the keys (?1?) and she [they] will be posting the front door key to the address next week and has moved out of town.
I would take it that this is her "formal" in writing surrender of the property, collect the keys from the agent - presume you have completed and they can release the keys - enter and change the locks.
Check with the utility suppliers as she may have submitted vacating meter readings etc. If she has then further proof that she has surrendered the property to you.
It would be up to the ex-tenant to take legal action to regain entry.
13:48 PM, 8th February 2023, About 2 months ago
Your tenant has left the property.she is Not coming back and has no intention to pay you . Get the keys from estate agent or whatever available. Enter into your property. Change the locks. I think you will see a lot mess . Assess your loss and start to repair it asap . If any solicitor available to chase on no win no fee basis, try your luck, otherwise no use to spend more money on it . This is not only happening with you , 90% of landlords are going through this loophole of Government.
14:10 PM, 8th February 2023, About 2 months ago
As others have said, when you enter the premises, take someone with you, maybe from the estate agency holding the keys.
I would enter and photograph/videos everything, with a date and time stamp. Worst case is the tenant comes back and makes accusations, regarding house contents and damage.
Change the locks of all external doors and leave something stuck to the door giving a phone number if access is required, photograph it in case the tenant does return and accuses you of locking them out.
Plan for the worst ect....
20:07 PM, 8th February 2023, About 2 months ago
You should be asking the solicitors who acted for you to evidence what enquiries they made of the purchaser if it was known that there was an existing tenancy on the property.,If you do not receive a satisfactory explanation from them it might be worth instructing a different solicitor to advise on a claim against them. If it was a ‘conveyancing factory’ you may find it difficult to get a satisfactory response from them. If there was a possibility of a tenancy that you alerted them about they should have asked for a copy of the tenancy etc and advised you of the risks of proceeding with the purchase with an existing tenancy.
21:36 PM, 10th February 2023, About 2 months ago
Am I correct that you did not sign a contract which provided for vacant possession, but presumably attached a copy of the Tenancy Agreement?
Were you aware that there was a Tenant?
If the answer is Yes to both the above questions, then on the facts as stated your best and cheapest course of action is to collect the keys from the third party (this should protect you), bear the losses and look to the future.