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.
- 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
9:27 AM, 17th March 2023, About 7 days ago
Reply to the comment left by DSR at 17/03/2023 - 08:29
Appreciate your response and also understand that you don't have to have a reason. However things have changed/changing massively in the PRS and despite doing everything right, odds are heavily stacked against the LL in my opinion. Good luck anyway.
9:27 AM, 17th March 2023, About 7 days ago
Reply to the comment left by AJ at 16/03/2023 - 15:00
Although you can serve a s21 notice without specifying a reason, if you have done so just because you can, that is odd - this is the sort of thing that gets the anti-landlord lobby wound up and why we are heading to a situation where s21 may be removed from us.
It is well known to landlords that not all aspects of agreements are readily enforceable, especially where breach is considered relatively minor or a one off. The same actually goes for most contracts - look at the BBC and Gary Lineker!
A good agent will be able to discuss with a tenant what they propose, but if the the tenants don't engage there's no way to force the discussion. As for reminding the tenants of the consequences, well what are they? You have served notice so they're going anyway. What else do you expect?
As for your final caution - this is why new landlords need to take good advice at the outset and why a good agent is necessary. Having done the job as agent and landlord for 30 years I am baffled by landlords who think they can do everything themselves.
11:56 AM, 17th March 2023, About 6 days ago
Reply to the comment left by Julesgflawyer at 17/03/2023 - 08:34
Except you're conflating *actual* experience (of things you've had success with), with theory (things you've not had any experience with). So we're back to where I started.
It's nothing personal, but right from University, The Law Society draws you all in to a very strange way of thinking. It's not all that dissimilar to religious teachings in Latin. You'll likely believe we have a fantastic system, because you enjoy it. The layering of laws on top of those that have past, precedent being the guiding light and the challenge of 'doing battle' and winning by finding some nuanced detail then convincing the system you're both smart and correct. It's nonsensical theatre that exists to sustain itself.
There's no real reason for lawyers to exist. Except there is...under the current system and the unnecessary way in which it operates. It is the system that should change. What we really need is the equivalent of the Latin teachings translated into English and the congregation can not only read for themselves, but can both challenge those that used to give their own, very human and biased interpretation. So, yes...solicitors live in a bubble. Granted, it's a very real bubble, but one of self-perpetuation that grows ever more removed from reality. Kinda like our system of government and Parliament. Like our tax code. They all have one thing in common...legal bods.
Regardless, an injunction for viewings during a notice is completely impractical.
12:13 PM, 17th March 2023, About 6 days ago
Reply to the comment left by Luke P at 17/03/2023 - 11:56
It's a US example, but one I saw recently that is and would be most bizarre by any normal person's standard...
Someone was having an interaction with the police that had just turned up to the most minor of barely-heated conversations between a library-user and the receptionist. The guy was from out of town and went inside to ask about the parking restrictions (the signs didn't seem to match). The woman behind the desk appeared to have never interacted with a human before and the conversation didn't seem to get very far. You know what Yanks can be like...'calling the cops' for personal disagreements over nothing.
The police arrived, for a brief moment just stood in the doorway assessing what was being said between the two parties. This wasn't an argument, just a guy asking a reasonable question to a staff member that was incompetent to handle the interaction and reached for the police at the first difficulty.
The chap had had enough and wanted to leave the library. By this point, the police had moved out of the doorway to one side. They asked the chap to take a seat, but he declined, following up by asking (using normal language/words) if he was being detained. They confirmed that he was not. He then proceeded to leave.
It was later argued (by a lawyer) that whilst they acknowledged the chap's verbal question and the officer's verbal response, that if the observed intention (e.g. body-language) was one that he *might* be detained, then in fact that was communicable enough to in fact indicate that he was indeed detained...despite words to the contrary (and for this, they were leaning on the short momentary pausing in the doorway by the police, which was long before his question re detention, as 'evidence').
Aside from the primary means of communication between humans being verbal, even if one were to accept the whole body-language thing, why (and how is one to even know) which one wins out in a scenario if both methods of communication are at odds?
The answer is that the law was never intended to be interpreted in the way the lawyer twisted it. You might even have a wry smile in admiration for his abilities, but society doesn't thank you for adding yet more unnecessary complication to our lives.
13:11 PM, 17th March 2023, About 6 days ago
Reply to the comment left by Luke P at 17/03/2023 - 11:56
I think we agree to differ. I'm here for the same reason as everyone else, ie sharing views and experience. If that's unwelcome, so be it.
13:46 PM, 17th March 2023, About 6 days ago
Hmm....is it just me or is this thread going above and beyond?
As (presumably) property investors this site has always served to get good valuable insight to experiences we have (or could face) at any time.
Let's not make it more complicated than it already is!
7:44 AM, 18th March 2023, About 6 days ago
Law trumps anything you have in a contract
Get Mark Dawson AST on the job
7:53 AM, 18th March 2023, About 6 days ago
Reply to the comment left by Graham Bowcock at 14/03/2023 - 11:40
You can claim damages for them not allowing viewing as this will delay you finding a tenant.
So if its in the contract that must allow viewing in the last month and they signed it then they are in breach and you can get back the last months rent via the Tenancy Deposit Scheme. Or whatever scheme you are in.
If you can prove this delayed you getting another tenant for a month then its consequential losses.
Get evidence via trying to arrange viewings with them otherwise you won’t get the last months’ rent back. So don’t just accept this non-cooperation as its out of order and costing you money!
You should have insurance to cover you against defaulting tenants that will pay your rent. Once you have issued a section 21 then insurance company will take over if the tenant is in breach and is not paying you.
I have just had a tenant that would not let me in for the same reason and has done quite a bit of damage. I was also not allowed to get in to do maintenance.
I claimed about £9000 via the government DPS and I got back all their deposit of £1800 for various breaches and damage.
Make a list of all consequential losses. If the DPS cant help sue them in the small claims court.
15:59 PM, 18th March 2023, About 5 days ago
Reply to the comment left by Mark W at 18/03/2023 - 07:53
Yes, in principle. But damages like these should reflect actual losses. Hard to see how a claim for £9k would be proved. The tenant's breach must *cause* the loss claimed. Causation isn't always easy to prove.
7:29 AM, 19th March 2023, About 5 days ago
Is seems to me that S21 is just a paper tiger given to landlords that the tenants use to their full advantage.
A S21 is often issued due to the tenant violating their AST on numerous occasions so the landlord issues this notice to leave. Once received, it’s normal for the tenant to stay put, stop paying their rent and that’s where a new set of problems begin
Landlords may as well go straight to court action and bailiffs