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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- 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:
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- 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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- Contacting Us
10:37 AM, 2nd September 2016, About 7 years ago
Has and how has the tenant confirmed that they have vacated the property as from your article this leaves a question as to whether they have surrendered possession or not.
You also have a duty of care to store the tenants possessions safely so if they have left you need to make contact for these to be collected asap.
11:20 AM, 2nd September 2016, About 7 years ago
Yes first key question is has the tenancy actually ended? Has the tenant given you his new address and expressly stated that he surrenders the tenancy? Or has he signed a notice to quit? You do not appear to have vacant possession and the tenancy may still be continuing 'as normal'. Short of contacting the tenant again and again to chase for keys and have him sign a document to state the tenancy is surrendered and has ended, you would have to serve your own notice, s21 or s8 and if tenant is not resident perhaps a NTQ, then obtain a possession order.
11:22 AM, 2nd September 2016, About 7 years ago
Lots of questions here Jason. Did tenant give notice in writing? Did you arrange to meet them at the bookout to end the tenancy? Has the agent returned the deposit? Have you spoke with them to see if they are vacating?
Proceed with caution here. All indications are that they have not vacated and if you move their belongings out and change locks etc it is an unlawful eviction and you can get fined quite heavily. I suggest you speak with the agent. Even if you were only on a "Let Only" package then they may assist you.
11:26 AM, 2nd September 2016, About 7 years ago
Sorry to hear of your tenant woes.
For info, I wrote an article on the subject earlier in the year which should be of some help:
13:08 PM, 2nd September 2016, About 7 years ago
I agree with everyone else on here - it would definitely help if you had some hard evidence from the tenant to indicate that he intends to surrender the tenancy - preferably a letter signed by him giving notice that he intends to move out by a certain date.
However, whether you have this or not I would say you might have an abandonment and not a surrender (the indication of a surrender is the return of keys and removal of possessions). Notice is simply a forewarning of an intention to surrender a tenancy, and is not an act of surrender in itself.
As you are in contact with the tenant, I suggest you give him 5 days written notice that you intend to repossess the property, and will change the locks, and you reserve the right to remove his possessions if he doesn't collect them.
Post this to him (get proof of postage) at all the addresses you have for him, and email him a copy. Post a copy to him at the property too. Visit the property and take an independent witness with you and a copy of that day's paper. Take a photo of a copy of the abandonment notice attached to the front door, showing the front page of the paper in the shot (don't leave the notice in a place that's too prominent or you might attract squatters or burglars).
If after 5 days he still hasn't removed his stuff and returned the keys, you can change the locks, but the abandonment notice must state that he can contact you for a new set of keys within 10 days.
After 10 days, if he still hasn't removed his stuff or returned to the property, you can take possession of the property, but you must still give him at least 14 days to collect his belongings (post a notice to him at all known addresses and get proof of postage), though you can remove his stuff from the property provided you take care of it.
Take photos of all the tenant's belongings, and do a list, or better still get an inventory done (tenants have been known to claim they left behind expensive items that they later try to sue for!).
If the belongings aren't collected within 14 days, you can sell or dispose of them, but the tenant is still entitled to any proceeds of sale.
It is important that you follow the abandonment procedure carefully for your own protection, as until the tenant surrenders the property, in the eyes of the law that is his home and you are breaking and entering, for which the penalties are severe!
14:01 PM, 2nd September 2016, About 7 years ago
Mandy I was not aware the new abandonment provisions of the Housing Act 2016 had come into force. The Royal Assent was given in May this year and I understand the requirements for gaining possession in the Act are:
(a) there are either 8 weeks’ rent arrears (weekly rent) or 2 months’ rent arrears (monthly rent) and,
(b) the landlord has given sufficient notice to which the tenant (and any other named occupier or person who paid a deposit) has not responded. Three notices must be given, the second between two and four weeks after the first and the third at least five days before possession is recovered.
A tenant has the ability to apply to the County Court for reinstatement within six months of the recovery of possession and the Court may grant reinstatement if there is a good reason for failing to respond to the warning notice.
As an agent using the "common law" abandonment procedure prior to the Housing Act 2016 would have been a real last resort after all attempts to get a tenancy surrender document and property disclaimer signed.
Either way - if the abandonment provisions have been enacted then the qualifying criteria in this case do not appear to have been satisfied. If it's not ( and I cannot find an enactment date) then the approach you have set out is not for the less experienced landlord to use as a first resort.
14:18 PM, 2nd September 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "02/09/2016 - 13:08":
Mandy you usually talk a lot of sense but I think you're wide of the mark with this abandonment notice 'procedure'. There is no such process to lawfully regain possession. As far as I can see what you have described would be unlawful eviction. As Gary points out, there will be a new process brought in under Part 3 of the Housing and Planning Act 2016 but this part is not yet in force with no confirmed date, likely to be at some point in 2017. Even so, the process you have outlined does not mirror the process outlined in the Housing and Planning Act. In the absence of the tenant to surrender the tenancy there is currently no lawful way to regain possession of a property short of obtaining a court order after serving a s.21, s.8 or if the tenant is no longer living at the address, potentially a NTQ. "Abandoned" or not (which to be fair it doesn't even sound like it is in this case).
14:49 PM, 2nd September 2016, About 7 years ago
In response to Gary and Paul:
The abandonment procedure I've set out pre-dates the Housing and Planning Act 2016 (which, as has been said, isn't yet in force) and is recommended by legal experts in order for a landlord to demonstrate that they genuinely believe the property has been abandoned and that they've taken all reasonable steps to allow the tenant to regain possession. It is recommended by Landlord Action
However, I do agree that the situation here might not be an abandonment, and I'm glad you pointed that out; I would advise Jason to only think of following this if he can't get hold of the tenant, and I would rather get a good letting agent or preferably someone such as Landlord Action to carry out the re-possession, than try it himself!
15:02 PM, 2nd September 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "02/09/2016 - 14:49":
When you say recommended - I'd be surprised if they put this advice in writing/on their website etc? What they're talking about there really then is damage limitation in the event that you do get sued for what is essentially an unlawful eviction. Fair enough you could say, if one is looking for a practical way forward. Many I'm sure would 'get away with it'. But it doesn't make it legal and if enough landlords did it, some would get stung.
15:20 PM, 2nd September 2016, About 7 years ago
Reply to the comment left by "Paul Franklin" at "02/09/2016 - 15:02":
Please visit the page on the Landlord Action site I've linked to in my previous comment http://www.landlordaction.co.uk/site.php/media/landlord_action_in_ypn_tread_cautiously_with_abandoned_property
The abandonment procedure is set out in the paragraph that begins, "Based on the above.."