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
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- 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
10:10 AM, 24th August 2020, About 3 years ago
Will these tenants on benefits be able to afford the rent?
If you have to give a reduction will the lower rent cover the mortgage?
Or will you have to sell up?
If you sell up will the sale price cover the mortgage plus the Capital Gains Tax due?
10:20 AM, 24th August 2020, About 3 years ago
We've 3 tenants on Universal Credit, 2 single parents and a family who receive due to low income jobs. The main benefit as a Landlord is that 85% of the rent is paid directly to us. In the current climate it's been reassuring that we are guaranteed rental payments.
Difficult to say for certain with the Insurance, our are covered as that was the circumstance under which we took out the policy and all insurance differs.
10:34 AM, 24th August 2020, About 3 years ago
Reply to the comment left by Ann at 24/08/2020 - 10:20
Ann, if you are able you need to keep a close eye on your tenants. Because the benefits are paid to you, they can be clawed back months or years later, even after the tenant has left, if it turns out the tenant was overpaid benefits. If the tenants' circumstances change, e.g. they start working part time, they need to notify the Council and the benefits may be reduced. If the tenant or the Council makes a mistake that results in overpayment you are the one who will lose out.
Do not assume the rental income received direct from the Council is yours to keep until 6 years (the statutory limitation period) have elapsed. Sorry to be the bearer of bad news but that's the law of the land.
Old Mrs Landlord
10:36 AM, 24th August 2020, About 3 years ago
Reply to the comment left by david porter at 24/08/2020 - 10:10
Landlords can't sell up as the eviction notice period had been extended to six months and will probably be further extended, with courts ordered not to deal with the backlog of eviction cases in date order but to prioritise certain groups and take into account each tenant's circumstances. Tough luck about the landlord's circumstances. Who's going to buy a house with a non-paying sitting tenant they can't evict? The government has turned us all into involuntary captive social housing providers by the back door. Our properties have effectively been requisitioned but they are still in our names so we bear the costs. Just to rub salt in the wound, if we are left with nothing to live on we can't claim the benefits our tenants are entitled to because we own "assets".
11:05 AM, 24th August 2020, About 3 years ago
Reply to the comment left by Ann at 24/08/2020 - 10:20
don't assume either you will be continued to be paid direct!
All it takes is the tenant to 'wise up' and see that if they request direct payments themselves at any point or when a review of this payment method takes place, the DWP could at the touch of a button allow the rent to be paid direct to them. The DWP DO NOT TELL YOU, they do not tell you that the tenant has requested this - the only way you will find out is when you don't get the rent payment.
The DWP then pays the tenant direct and if they don't forward to you - tough. The DWP say you have to get it off the tenant yourself. The tenant is laughing as they know you cant issue them with either an eviction notice for three months and you wont get into court for another six months at the earliest.
They get the rent, you get nothing and you can't get them out either. My current position exactly!
11:15 AM, 24th August 2020, About 3 years ago
It works differently in Northern Ireland but thanks for the info anyway.
13:03 PM, 24th August 2020, About 3 years ago
What you need to know is:
1. that you risk not getting paid (tenant keeps the benefits intended for rent payments).
2. you have to wait until the tenants have 2 months rent arrears before you can even apply for direct payments from the DWP.
3. the DWP (Universal Credit) may ignore your request for direct payments, delay consideration of it, or refuse the request (without giving you adequate explanation of their reasons).
4. the DWP often make mistakes.
5. the tenant can request that payments revert back to them.
6. the DWP will not share information with you, and will not accept information from you.
7. if payments are made to you, but tenant was not entitled to those payments (fraudulent claim, not declared earnings, got sanctioned, moved in a partner, and loads of other possible scenarios), then the DWP may be able to recover the overpayments from you.
8. if tenants fail to pay you rent, and for whatever reasons you cannot get it from the DWP, then you have to give the tenant 6 months Notice before you can even apply to court for a possession hearing.
9. There are over 40,000 possession cases in the queue waiting to be heard so don't expect a possession hearing within 6 months of application.
10. If tenants raise a defence, pay off some of the debt (to below 2 months arrears), or if any of your paperwork or procedures has an error, then the case may be adjourned and/or thrown out, and you have to start again.
11. If tenants fail to move out at the date set by the court, then you have to apply to the court again, for bailiffs, and they also have a 6 month backlog of cases.
12. In 12 - 18 months from the start of any eviction process, when you eventually get the tenant out, you will be able to re-enter your property to see the damage done.
13. If the tenant is on benefits and have no assets, then you will be unable to recover any of the rent arrears or damage costs or legal costs, etc. (Unless you can recover from a Guarantor).
14. You may be held responsible for the actions of the tenant (neighbour disputes, removal of rubbish, pests, etc).
15. you will have to carry out repairs throughout the tenancy even if receiving no rent, and even if the damage has been done by the tenant.
If you can cover all costs for the next 2 years, plus the possibility of tens of thousands £'s of damage, without receiving any rental income, and having no effective legal means to recover any of it, then good luck with your new tenants.
13:12 PM, 24th August 2020, About 3 years ago
Reply to the comment left by Robert Mellors at 24/08/2020 - 13:03This is of course a worst case scenario, and you may be lucky and get very good tenants that will pay you the UC HE benefits they receive, and they may look after your property, and stay with you for decades.
Every tenancy is a gamble, it's just that with tenants on benefits the odds are stacked against you if they turn out to be bad tenants.
21:19 PM, 24th August 2020, About 3 years ago
There is no harm renting out property to person on benefit as long you get your rent. Ask them to provide their rental support entitlement then no problems
Every tenant knows their tenancy is subject to a rental payment or they get evicted. Do not wait to act if arrears reaches more than two month.
7:57 AM, 25th August 2020, About 3 years ago
Reply to the comment left by Ann at 24/08/2020 - 11:15
As you quite rightly say, the rules in NI are somewhat different, with payment of the "housing costs" normally being paid to the landlord, removing some of the risks mentioned in some of the other posts.
The threat of overpayments being recovered from you, the landlord, is also overstated. Yes, both councils and DWP often initially turn to the landlord for repayment, simply because they received payment, in the first instance. But when properly challenged, they usually back off, as the cause(s) of most overpayments is "claimant error", so culpability & recovery is restricted to the tenant, usually by reducing their ongoing HB or UC.
Over the past 10 years I've represented the interests of many landlords and agents, on a No win, No fee basis, and ordinarily get paid. On Friday of last week, one of the London Boroughs conceded a £44K case and another £76K. Most however involve awards of between £1 - 5,000
In the case of UC, the ability of DWP to recover the overpayment, by way of ongoing deductions from your tenant's benefit, is way down the hierachy list of debts, with rent arrears the first and most important form of "third party" debt. So here again, it's difficut for DWP to recover, where other debts exist and are higher in the pecking order.
Around 70% of all tenants reliant on HB or UC pay their rent on time and in full. It's the remaining 30% that are either late with payments or don't pay at all.
The APA scheme, as other posters have mentioned, has many flaws, most of which are created by an incompetent DWP administration. Payments promised to landlords often go astray, when delinquent tenants request redirection back to themselves and poorly trained DWP staff, simply agree to their request. That shouldn't happen. What DWP staff should do is, look at why payments were redirected to the landlord, in the first instance (e.g. Tier 1 factors of rent arrears, drug, alcohol addiction etc.) and if those circumstances have not changed, refuse the tenant's request. Where these problems are occurring on an all too regular basis, landlords should raise their concerns and complaints with DWP's hierachy (District or Practice Managers) as this can often remedy the problem.
Landlords should also find out more about the UC scheme, in particular, as there's much more to this scheme (both positive & negative) than simply "direct payments". Making the effort, has permitted many of my landlord clients to expand their business interests in this sector by being more aware of the opportunities and, yes, pitfalls, and being hands-on in their approach.
So, despite some of the problems that still do exist, contrary to some of the suggestions, it's not all doom and gloom in this niche area of the market.