Privacy Policy
BACKGROUND:
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 (âOur Siteâ) 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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
âAccountâ |
means an account required to access and/or use certain areas and features of Our Site; |
âCookieâ |
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; |
âCookie Lawâ |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
âpersonal dataâ |
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 â the General Data Protection Regulation (âGDPRâ); and |
âWe/Us/Ourâ |
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 npatterson@property118.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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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 â 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 UKâs supervisory authority, the Information Commissionerâs Office.
- For further information about your rights, please contact the Information Commissionerâs Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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 (âthe EEAâ) (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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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 âstrictly necessaryâ. 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 browserâs 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:
Name of Cookie |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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:
Name of Cookie |
First / Third Party |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- 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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Neil Patterson
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Sign Up8:29 AM, 21st March 2014, About 11 years ago
Hi Adrian,
I am not a definitive expert in this field which is why I would personally seek out Paul Shamplina's help at Landlord Action see >> http://www.property118.com/tenant-eviction/39099/
However I know we have a lot of very knowledgeable readers that can help. Please đ
Industry Observer
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Sign Up8:48 AM, 21st March 2014, About 11 years ago
They are either unauthorised occupiers, but with rights, or they are permitted occupiers, depends what is said if anything in the tenancy agreement.
Does it refer beyond use as a family home etc to actually naming any occupiers over 18 but not named as tenants? Many agreements do that, like you do in a company let where the agreement names the company's nominated occupier.
You will need to issue a summons for possession in the usual way but who against is interesting. In effect the ex tenants have not given you vacant possession as they have left behind personal belongings - their children. I would start making loud noises to the ex tenants telling them surrender has not been accepted by you - how can it be you cannot have all the keys back - but much here is going to depend on how long ago they were abandoned orphans in the property, and how fast you move now.
The word "recently" sounds hopeful.
The longer the sons have been there without you proceeding against the ex tenants the harder it will be to drag them back into this. Indeed if it is a few months then it is likely a Court might deem implied surrender.
While consulting solicitors - Landlord Action is a very good suggestion - I would start with an immediate rent demand today to the ex tenants and when they try to decline it and say they are no longer tenants tell them they are - they are just not occupying. Just act perfectly normally and ask them for the rent as the tenancy and their responsibilities under it have not ceased.
You should also get them in writing to agree to forfeit the deposit - which scheme is it with?
What does the agreement say about payments made by any other persons being as agent of the tenants?
Ian Ringrose
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Sign Up8:53 AM, 21st March 2014, About 11 years ago
I think your âex tenantsâ are still your tenants as they have not given you back an empty property, so therefore they have to keep paying you the rent, so I would tell the parents that you believe they are still reasonable for the rent until their sons leave as well as all your legal charges.
Landlord Actions is the first name that come to mind for getting this sorted out.
David Asker
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Sign Up9:23 AM, 21st March 2014, About 11 years ago
I would argue that they are squatters as they were not part of the original tenancy and living in the property at the time.
Squatting in residential premises is now a criminal offence. So in the first instance contact the Police.
However, if it is proved that they were living there then you will need to go down the civil court route. This unfortunately can be a lengthy process not helped by the significant delays of the County Court Bailiff to effect repossession of the property.
However, if you do get your possession order you can use a High Court Enforcement Officers.
Over the last week, I have been asked several times how we are able to use Section 42 of the County Court Act 1984 to repossess residential property, as othersâ experience has been that Judges normally reject the application.
The decision to permit the transfer to an HCEO is, ultimately, at the discretion of the Judge. However, you can make your case significantly stronger by using wording that explains the reason for the transfer to any Judge considering it. Often, it is this explanation that sees the transfer accepted and ultimately, rapid repossession of your property.
Ideally you will request the enforcement by an HCEO in the initial application, explaining the lengthy delays afforded by the County Court Bailiff. Here you will ask the Judge to put this on the possession order:
âOnce the time allowed for the Possession Order to expire has passed, by virtue of Section 42 County Court Act 1984 the matter is transferred to the High Court for enforcementâ
If the tenants donât leave, you will then instruct your HCEO, who will apply for the writ of possession (a court fee of ÂŁ60 is payable), and then conduct the eviction.
If you are also owed rent arrears on the property, you can add a claim for money to the possession order, so that you do not need to apply separately for a judgment and writ of fieri facias.
Whilst I hope you don't need the above I hope it is of some help.
Regards
David
Romain Garcin
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Sign Up10:07 AM, 21st March 2014, About 11 years ago
Whether the "ex-tenants" are in fact still tenants will depend, I think, on the circumstances of their move.
If they served a valid notice to quit, then their tenancy did end on expiry. In such case even if it stated that the children where permitted occupiers it no longer applies, and you should not make any demand of rent as that'd risk creating a new tenancy.
Ian Ringrose
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Sign Up10:27 AM, 21st March 2014, About 11 years ago
Romain,
If the tenancy did end by notice from the tenants, but the tenants have not given the property back then double rent may be dueâŚ.
It will be interesting if we can get an update on this case once it is sorted out.
Industry Observer
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Sign Up10:45 AM, 21st March 2014, About 11 years ago
The easy out for the tenants of course is to say they didn't know one of the sons had an extra key cut, that the property was empty on day of check-out and then sons moved in following day.
If notice was formally given I agree with Romain that changes the picture a little, but the focus is still hazy.
Accepting rent and creating a tenancy - allegedly - is not the problem it used to be and if a receipt was simply given naming the property and that it was paid on behalf of the ex tenants and if it was only one or two months while oiking them out of the property I doubt it would be deemed to have created a new tenancy.
But it might - and specialist advice and urgent action is the answer. Personally I'd still demand the rent from the tenants and tell them they remain liable until they shift their offspring, then the minute they do accept surrender and change locks is the best practical solutionchange locks.
Jeremy Smith
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Sign Up10:47 AM, 21st March 2014, About 11 years ago
Hi Adrian,
Did you supply the washing machine, the beds, the sofa, chairs, a dining table, the plates and dishes, etc, etc....?
...If not, then the ex-tenants still have some of their furniture in the property.
Industry Observer
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Sign Up12:04 PM, 21st March 2014, About 11 years ago
Nice try Jeremy good line of thinking but if surrender is deemed to have occured that will just be Torts of Goods Act stuff and disposal after two weeks.
After all if a bailiff oiks out tenants from a property and all their belongings are in the property the tenancy has still ended.
DC
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Sign Up12:47 PM, 21st March 2014, About 11 years ago
If the grown up sons were definitely not there during the tenancy and have never been given permission to be there as residents I would make them aware in writing that they do not have permission to be in the property and that they must vacate immediately otherwise they are squatting.
If they have entered without a key, i.e. by forcing an entry and have helped themselves to anything that they do not own and did not intend giving back to you (this could be the use of utilities such as power and water) then they may also have committed an offence of burglary.
Donât make the mistake of asking anyone for rent in these circumstances because you may be inferring permission to occupy.
Without delay speak to a criminal law solicitor who understands the new squatting legislation and I have no doubt it will be referred to the police for action.