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
12:53 PM, 23rd February 2023, About 4 weeks ago
Tell him vacant possession or nothing. Even if you have to wait until he obtains and executes the possession order.
If not WALK AWAY. Sorry for shouting but its a minefield
12:55 PM, 23rd February 2023, About 4 weeks ago
Reply to the comment left by RoseD at 23/02/2023 - 10:51
13:03 PM, 23rd February 2023, About 4 weeks ago
What could possibly go wrong 🤔.
I wouldn't touch this with a very long barg pole ، walk away no matter what the current owner may promise you ," hes in a hurry " ,I bet he is , to get rid of the hassle round his neck, I bet .
13:06 PM, 23rd February 2023, About 4 weeks ago
I asked a not too dissimilar question recently about buying a property with tenants in situ, some of which I am not confident were given all the prescribed information (PI) correctly (still waiting for information from the seller). Worth reading this thread as well:
What I took from this previous thread is that there are two different risks - not being able to give a s21 eviction notice and fines for not doing the right check/proving you provided the right information to the tenant. If the tenant agrees to sign a new AST with you and you provide all the information correctly you will then be able to serve the S21 in future should you wish to as it is a new tenancy, however the tenant can still come after you for fines for the previous landlord not providing the PI as required. If you do everything by the book, hopefully a court would see that and look on you kindly (and fairly), but it's not for certain. This is what I took from the thread but I suggest you read it yourself, some really helpful comments.
13:41 PM, 23rd February 2023, About 4 weeks ago
Reply to the comment left by Annabel Blake at 23/02/2023 - 12:45
There is no mechanism for the landlord to regain possession unless he can establish grounds under S8.
That is why everyone is saying walk away while you can.
13:42 PM, 23rd February 2023, About 4 weeks ago
Technically a person has 6 years from the failure to protect the deposit and serve the correct deposit documentation to make a claim for financial compensation which amounts to the return of the deposit and a penalty of between one and three times the deposit amount taken, (so some time in 2025). This penalty falls on the landlord whoever that may be at the time. If you purchase and the tenant decides to make a claim, that will be you.
If you really like the property you have the option of asking the seller to deduct the maximum amount claimable from the price for the risk, and you can then offer the tenant an amount to settle out of court should this come about and not be out of pocket, yet avoid the time waste and stress of a court appearance.
You don't mention whether your intention on purchase was to let it out, but I'm assuming it was or you wouldn't still be considering the purchase.
With the above proviso about the deposit, all the other documents can be served late (proof of service needs to be kept), but I would be concerned about the quality of the tenant. It's all very well saying they're fine, but have you got proof of their payment history? Are you happy with the condition the property has been kept in? Have you had a little word with any of the neighbours to see if they are good neighbours? They could potentially be a nightmare, that you then have to deal with. Of course anyone you let to could turn out to be a nightmare, but if the seller was an experienced landlord who vetted and managed their tenancies well, the risk would be lower and this seller is clearly not in the above category.
Ultimately the decision is yours. You should do what homework you can and decide what level of risk and effort you can accept if the tenant turns out to be a bad payer or a terrible tenant for some other reason. You didn't vet them and now you can't.
Personally if I chose to continue with the purchase, I'd ensure the seller showed me proof positive of the regular rent receipts for the past 12 months; I'd insist on a signed declaration stating that they had no issues with the tenant in terms of disputes between themselves or between neighbours, no noise complaints etc. I'd also require a deduction from the sale price for risk associated with the failure to protect the deposit and issue the correct documentation.
On purchase, I'd make an appointment for an inspection to discuss any necessary repairs for them, & offer the tenant a new contractual, periodic tenancy agreement (without a fixed term), and do everything by the book in terms of deposit protection, issuing all documentation with proof of service.
Obviously the tenant has the choice to sign it or not as they wish. You should present it as starting fresh and making sure all the legal obligations to them are properly met. They have no initial fixed term with it so they are not committing to stay, (but better still, you aren't stuck with them for a minimum of 6 months if they turn out to be unsuitable). It's a good opportunity for you to suss the tenant out, build some rapport and good feeling, but most importantly to make sure you are compliant going forward, should anything ever go south.
Also, don't forget to send them details of their new landlord, name, address and contact information in writing as soon as possible.
13:48 PM, 23rd February 2023, About 4 weeks ago
Reply to the comment left by Kate Mellor at 23/02/2023 - 13:42
Just re-read and I see that you DID say you intend to buy it as a buy-to-let, sorry.
13:56 PM, 23rd February 2023, About 4 weeks ago
Reply to the comment left by Annabel Blake at 23/02/2023 - 12:16
The problem is the gas safety certificate. At the moment it is unclear if not serving this before a tenancy can be rectified. It probably can, but that's an issue for the higher courts
14:08 PM, 23rd February 2023, About 4 weeks ago
So you need a Gas Safe Certificate, Have you checked it has a current EICR ?
What is the EPC band ? Hopefully Band C ?
Can you check if the boiler has been serviced ?
I am guessing if there is No current GSC the lazy reckless Landlord has failed in his other legal duties.
You only have to see the TV news of a
" Gas explosion kills family in bed " to realise the deep deep trouble the LL would be in if the LL failed to do a GSC.
Manslaughter charges , Jail and Huge fines
14:16 PM, 23rd February 2023, About 4 weeks ago
Some very interesting variety of advice. But if you were told it was vacant possession you can expect it to be so or priced accordingly. You should investigate what the percentage returns in your area and revise your offer.
I would try and rescue the situation by negotiating new ASTs and complying with the requirements re certificates etc. But it would be best to take legal advice on that suggestion.