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:
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||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.
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- 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.
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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
Mark Alexander - Founder of Property118
21:53 PM, 18th March 2015, About 8 years ago
This is a tricky one, sadly it happens quite a lot, especially when landlords play hard-ball and tenants are in financial difficulty.
If you ever find yourself in a similar situation, let your client go on the basis that they sign a tenancy surrender agreement and give you the keys - see >>> http://www.property118.com/surrender-tenancy-agreement/67939/ - it's often less stressful and less costly to cut your losses at the earliest opportunity in these situations.
The problem that you have now is that you can't prove to a Court that your tenant has surrendered the property. A text may be used in evidence but it will be highly unusual if your tenancy agreement allows for surrender by text. The fact that you haven't been given the keys either might be a sign that your tenant is looking to snare you into an illegal eviction claim. Sadly these are very costly and can even involve prison sentences but landlords are rarely aware of how serious this can be.
Most landlords would let themselves in, change the locks and hope they never hear from the tenant again. The unlucky landlords get a deposit dispute raised against them followed a few months thereafter by a letter from a claims management company claiming that their tenant has been away visiting friends only to return to her home to find that somebody else is living there and the locks have been changed.
I can't tell you what to do here, you have to weight up the situation and decide for yourself.
A lawyer will probably tell you that you need to serve a section 21 notice and then apply for a possession order in two months time. If you do that you may have several months to wait before you are in a position to re-let your property. You may also have a problem with your insurance due to the property being vacant for such a long period of time. You could of course make a claim for all these costs against your tenant but even if you win, it's not easy to squeeze blood out of a stone.
So, the choice is yours, take the risk or run up legal costs and lose rent.
As I said at the top of this comment, it's a tricky one.
Best of luck whatever you decide to do.
23:39 PM, 18th March 2015, About 8 years ago
I think Mark has covered most of the issues, I would take a couple of days out to try and make further contact by phone / text .Empathise with her position ,totally agree to her going, go and meet her at a neutral place,All you are looking for is your place back via a signed TENANCY SURRENDER DOCUMENT, but you will need a witness signature on it.(YOU CAN PRINT IT OFF THE INTERNET)
She justs wants out of the arrangement ,we know its not the right way to go about it,but iF your lucky it might just work and save a considerable period of time going down the official route to get possession of your flat . please let us know how you get on
23:56 PM, 18th March 2015, About 8 years ago
Protection From Eviction Act 1977
5 Validity of notices to quit.
(1)[No notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.
I would not take a text message as a valid Notice To Quit. Mark and Graham are right. Invest some time in trying to get a surrender or get ready to spend time and effort evicting a tenant who may already have gone and doesn't give a toss about the landlord's inconvenience or loss of income.
2:33 AM, 19th March 2015, About 8 years ago
Thank you so much for your advice. I have since found out that she has moved into another property just 2 streets away, I don't know whether this makes a difference. I am planning on visiting her in the morning. I will print off a tenancy surrender document and take it with me and try to be nice. Thanks again
10:12 AM, 19th March 2015, About 8 years ago
I don't think her moving into another property makes any difference: she is allowed to have two tenancy agreements at the same time if she wishes. She still has a valid tenancy agreement with you, so if you enter and change the locks and attempt to re-let the property without her permission, she could take you to court for breach of tenancy.
I also doubt a text message is a valid notice to quit or a surrender notice: what if someone she knew played a trick on her and sent the message from her phone while she was out of the room? You cannot prove that it was her who sent the text message; you need a real, witnessed signature on the tenancy surrender form.
10:46 AM, 19th March 2015, About 8 years ago
Reply to the comment left by "Christine Turner" at "19/03/2015 - 02:33":
Hello Christine .
Have you entered the property after giving her the notice . . You may find that your tenant has left your keys inside the property . Sometimes they do leave them . Hope she has . Take a witness with you just in case .
Mark Alexander - Founder of Property118
10:59 AM, 19th March 2015, About 8 years ago
Reply to the comment left by "Jan Martin" at "19/03/2015 - 10:46":
Good point Jan, there is nothing to prevent Christine giving her tenant 24 hours notice of letting herself in. Obviously she must not enter if her tenant responds to refuse such permission. I would send the notice by post with a certificate of posting, which is free and does not need to be signed for. I would also send a text to the tenant as that appears to be her preferred method of communication, even though it is not recognised as a legal way to serve notice in law. Belt and braces required in situations like this though!
17:40 PM, 19th March 2015, About 8 years ago
Thank you so much for all your advice, I entered the property today after having given 24 hours notice, there were no keys left. The house was beautiful when it was handed over to her, I almost cried when I saw it today. I have hand delivered a letter to her new address telling her I believe she has relinquished her tenancy and I will be changing the locks tomorrow at noon (24 hours again) I told her if she did not collect her stuff I would store it safely and charge her for it. I have copied all the texts (advice from my local council) where she said she was leaving, stating she would be moving her stuff etc etc Also told her if she wanted access after the locks were changed I would let her in to collect her stuff. I honestly think she doesn't want the stuff she left as she has downsized to a much smaller house. My first nightmare tenant. I have 7 rentals and have been so lucky thus far.
19:06 PM, 19th March 2015, About 8 years ago
Reply to the comment left by "Christine Turner" at "19/03/2015 - 17:40":
you have not mentioned whether you have got the Tenancy Surrender Document signed ,you are leaving yourself open to a legal challenge if not. you are taking a calculated risk this time and i hope it works for you but please take on board the initial post by MARK A. You never mentioned whether you took a deposit ,if so that might reduce the heartache this time ,unless she challenges that .Don,t like being doom and gloom but had to say .maybe when the dust settles, I would contact the other owner and let them know what happened to you so at least they have been made aware.
23:27 PM, 19th March 2015, About 8 years ago
Hi, yes I did print out a tenancy surrender document but when I went to see her she either did not answer the door or wasn't in. I spoke to a neighbour who confirmed that it was her new tenancy, and that the landlord of the property had shared with her that he had a lovely family who had moved in. I am tempted to warn him. It was a letting agent who set up the tenancy for me and then I took over. Her deposit was and is still protected. She agreed verbally that I would keep the deposit for her last months rent. I spoke to my local council landlord liaison officer, who suggested as she had indicated in a text she had already left the property and was ending her tenancy, that I write to her at her old and new address and state that I would be changing the locks at noon tomorrow (24 hours notice) and if she had not ended her tenancy to contact me before then. Forgot to mention I did take a witness with me when I entered the property. The drains in the back yard are overflowing, and have been for a while by the look of it. She hasn't contacted me yet.