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 email@example.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?
- 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 firstname.lastname@example.org, 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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- 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
11:02 AM, 7th December 2021, About A year ago
I have no knowledge in this area, but what if all the other leaseholders sue the management company for the same claim, then if the management company loses, each leadholder would be awarded an equal share? Just a thought.
Mike in Worthing
11:40 AM, 7th December 2021, About A year ago
The £50k is safe because your management company is the trustee for the beneficiaries (the leaseholders). It does not own the money.
If you have no funds to pay compensation (should that be the case) the company is insolvent. What you do then is another problem.
See Landlord & Tenant Act (1987) section 42
13:30 PM, 7th December 2021, About A year ago
Has the management company instructed solicitors to deal with the claim by the other leaseholder? Have any proceedings been properly responded to? Are you sure that all the other leaseholders are directors of the management company - the more usual arrangement is that each are shareholders of the freehold owner and only a few are directors of the management company? Is the management company also the freeholder? This is important as if it is and becomes insolvent you may all lose your freehold rights. If you need advice re insolvency I recommend Asher Miller of David Rubin and Partners (I have no interest in that firm but know them to be very good from introducing others to them).
13:48 PM, 7th December 2021, About A year ago
is the block not insured? have you checked whether legal fees are covered as part of the block insurance?
if/when the particular leaseholder issues summons, a defence should be filled in, or are you simply going to give up on defending the case.
does the insurance policy of the block cover for loss of rent?
too many unknowns at this stage to provide a more reasoned response
13:59 PM, 7th December 2021, About A year ago
Reply to the comment left by Mike in Worthing at 07/12/2021 - 11:40
Hi Mike, Though the housing act mentions service charge being in trust fund, it doesn't explicitly say if that will be considered management company's asset if it goes insolvent. I know that is the case for personal bankrupties but wasn't sure for company insolvency. Is the anywhere in insolvency act that has been explained? Thanks Rita
14:02 PM, 7th December 2021, About A year ago
Reply to the comment left by Smartermind at 07/12/2021 - 11:02
That thought did occur to me as technically a few other flats are suffering from same issue (including myself), and while the rest of decided to raise funds over time to repair, this particular leaseholder being from legal background himself, decided to sue the management company.
14:09 PM, 7th December 2021, About A year ago
is the management company a separate legal entity/company from the freeholder? if it is, the maintenance fund is safe, as the management company who presently holds the funds is acting obo the freeholder and if successful, the leaseholder obtains judgment against the management company, it is it who would have to pay the ccj
if it is one and the same, and lets say the freeholder doesn't have funds to satisfy the ccj, then the creditor would have to do a creditors compulsory liquidation which costs several £££ and potentially he would ask the insolvency practitioner to sell off the freehold
Mike in Worthing
14:26 PM, 7th December 2021, About A year ago
Hi Rita. I'm confident what I said was correct. If you google the subject, you fill find many posts by solicitors stating the same.
7:58 AM, 11th December 2021, About A year ago
Why not deflate the claim by appointing a managing agent and/or solictitor if necessary then going through the Section 20 process to notify the repairs to the lessees using an experienced surveyor to seek tenders from contractors (including any nominated by lessees)? At least then you can prove you are not being inactive about the issues.
My experience with managing agents is that getting the £££ from lessees is fraught but you do need most of the £££ banked before works start. The usual defence to payment is why should I (on the ground floor) pay for a leaking roof above the 2nd floor flat? Recourse to the lease terms is needed, one MA had to start forfeiture proceedings before suddenly a cheque materialised. The other claim will be that neglect has increased the cost of the repairs, this needs careful thought but you can usually agree that lessees are correct but the increase is offset by the saving of say only scaffolding the property once instead of twice had it being properly maintained.
PS Not looking for work, too many existing clients.
10:02 AM, 11th December 2021, About A year ago
Service charge funds don't belong to the company, they belong to the leaseholders. The company only has money from ground rent (and maybe the odd admin fee) if any. These funds are protected by the Landlord and Tenant Act 1987 Section 42 and nothing to do with insolvency. If there is money in the ground rent account then that is potentially at risk.
You presumably have insurance - I suggest you contact them and see what help you can get under the legal cover.
The question is why has the work not been done? If you as a board are not able to keep the terms of the lease (which will almost certainly require you to keep the communal areas in good repair) then you should get a professional manager. "We have offered to address the disrepair in the near future" would be too vague for me if I were an owner there. Also the property condition will probably get worse. To do that amount of work you need to do a Section 20 consultation process.
20 is a lot of directors and to manage that then maybe it should be divided into groups of say 5 to look after different aspects. What does is say in the articles? There is usually a minimum and maximum.
Is there a mutual enforceability clause? This could require the claimant to fund the case, although it's tricky as they are one of the directors too.
You need proper specific professional advice both on management and legal aspects. Whether or not you raise the funds over time, if the property is not in good repair you are all in breach of the lease. £7000+ each is a lot of money.
Where does £60,000 from loss of rent come from? Seems very high and if the property is not rentable then you should address it as a matter if urgency.