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 (“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.
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:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
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; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
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 |
“We/Us/Our” |
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 – 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?
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 (“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?
- 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 “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:
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.
Ian Narbeth
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up15:13 PM, 4th November 2019, About 5 years ago
Some of these comments betray a lack of understanding of how the market works.
"Set ground rents on new build flats to zero, as leasehold properties are still being built with onerous ground rents." Fine in theory but it means the freeholder has no net income and can build up no reserves. Unless the directors are willing to put in their own money the freehold company may become insolvent if any tenant fails to pay their service charge.
"Stop leaseholders paying for the removal of flammable cladding, as leaseholders were not responsible for choosing the construction materials for their block and bought their properties in good faith." This misses several points: in the vast majority of cases the current freeholder also did not choose the construction materials and bought in good faith, the value of the freehold may be a tiny fraction of value of the leases (and with zero ground rent will be), if the freeholder is not able to pay, who will?
"Change the qualification criteria for freehold purchases, to ensure that all buildings can legally qualify for a freehold acquisition by the leaseholders or the Right to Manage process." Which means that if there are one or two flats in a multi-storey block that the owners of the flats have the right to buy. That will affect the viability of the development of that building. In most cases it will be impracticable for the resi owners to raise umpteen million to buy the whole building.
"Ban informal lease extensions and freehold purchases, to ensure that leaseholders use and are protected by the statutory enfranchisement mechanism." Why shouldn't parties avoid the expense of the formal procedure?
"Make forfeiture of leasehold properties illegal for minor infringements, to protect leaseholders from disproportionate punishment if they owe small amounts of ground rent (e.g. £350) or cannot pay fees for major works." There is a case for a de minimis exception but ultimately if a tenant cannot afford to pay for "major works" then either someone else (who?) must pay or the works won't get done (or the freeholder organising the works will become insolvent - see above) or the tenant will have to sell.
SimonD
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up19:58 PM, 5th November 2019, About 5 years ago
Fast rising grounds rents for no service, excessive permission, enquiry and admin fees, high costs to enfranchise or do a lease extension. Freeholder appointed managing agents with high service charges who may be impossible to remove in some circumstances, for example if a Housing Association, more than 25% commercial in the building, or an estate of houses. Long leasehold is an unjust, feudal relic, now unique to England and Wales. Everwhere else uses Commonhold, and manages without a remote freeholder, some who are offshore entities, and usually care nothing for the leaseholders other than extracting as much money from them as possible. A freeholder who may have paid just 1% of the building's value for the freehold interest, and yet has near 100% control of leaseholders lives. Freeholders like this will cause more conflict in the building, not less, because leaseholders have to deal with an uncaring, profit motivated entity, which should have no part in their lives or homes.
Leaseholders can make their own decisions about their destiny. If leaseholders cannot or will not agree, then the court can appoint a managing agent from an approved list. The freeholder is often an unnecessary expense and obstruction for leaseholders.
Mortgage lenders should avoid toxic leasehold, look forward, and embrace Commonhold. Leasehold takes longer during property conveyancing and is more expensive, because there are 3 parties in a transaction including the unnecessary remote freeholder.
The "pledge" is useless because many agents and freeholders have not signed up to it, or even if they have, fail to follow it. It is also useless because moving a high starting ground rent to RPI can still make the lease onerous. Ground rent above £250 per year can make the property an assured tenancy, and who knows what inflation will do in future. Many thousands of properties have a ground rent greater than 0.1% of property value which is regarded by some lenders as onerous.
The bigger elephant in the room is out of control service charges, and the great difficulty many leaseholders have in challenging them and holding managing agents to account.
Buildings insurance - another scam where commissions are paid both ways to agent / freeholder and insurer at leaseholders expense, or the freeholder fails to insure the building at all, leaving leaseholders exposed.
Buildings and contents insurance for a 3 bed freehold semi, £130 per year. Buildings insurance for a 2 bed flat, £460 per year. Leaseholders add all the value to the building and their flats, yet suffer from corruption like this.
Clear information at point of sale is needed so home buyers can make an informed decision, not buried in a complex lease document which only lawyers can understand.
No freeholder means -
No unnecessary permission fees
No ground rent
No lease extension or enfranchisement costs.
No speculators controlling peoples' homes and lives.
The lease is a wasting asset for leaseholders which will no longer apply.
No potential forfeiture of the lease.
No mis-selling of houses as leasehold where the freehold was sold on to a 3rd party, and failure to warn home buyers this could happen at point of sale.
Less work for expensive lawyers which has to be good in reducing costs for millions of leaseholders.
A giant ponzi scheme, where a few benefit at the expense of 6 million leaseholders. It is incredible such a system as long leasehold still exists in the 21st century.
SimonD
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up20:44 PM, 5th November 2019, About 5 years ago
Contradiction in Ian's comment.
Implies freeholders are caring, long term custodians of the building (which in most cases they are not, just in it to extract as much money as possible from captive leaseholders). But at the same time they have no obligation to pay to replace flammable cladding.
From a leaseholder's point of view the freeholders are a useless obstruction to progress on the cladding issue. The government because of poor regulation and oversight, developers, and their insurers are responsible for paying to get these buildings safe.
The flammable cladding issue highlights the absurdity of leasehold.
Ian Narbeth
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:52 AM, 6th November 2019, About 5 years ago
Reply to the comment left by SimonD at 05/11/2019 - 20:44SimonD, you are falling into the same trap as many people do. I am not for a moment defending bad landlords or bad practice.The point is that an impecunious landlord is not able to pay hundreds of thousands of pounds to replace cladding. Nor is it right that a person/company which was not responsible for installing the cladding should be expected to pay for replacing it, even if they have deep pockets. If surveyors acting for purchasers did not raise the issue, why should the freeholder bear responsibility?
What about the many cases where leaseholders have shares in the freehold company? Who do you blame then? If a substantial percentage of the leaseholders don't want or say they cannot afford to pay for the work, what happens? That's a rhetorical question. There is often no easy answer. Simply criticising "landlords" for not stumping up as the Prime Minister did in his remarks on the Grenfell report just demonises landlords.
We live in an imperfect world and sadly, sometimes a loss (or a cost) must lie where it falls.
As to reform of leaseholds generally, commonhold is available but in the 15 years since the Commonhold & Leasehold Reform Act 2002 came into force it has not caught on: https://www.newstatesman.com/spotlight/housing/2019/01/just-20-commonhold-properties-have-been-created-2002
SimonD
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up10:36 AM, 6th November 2019, About 5 years ago
Most of the leaseholders trapped with flammable cladding do not have shares in a freehold company, they are innocent buyers. Their surveyor on purchase was not going to ask about the exterior of the building unless made aware that the cladding was dangerous. It is more obvious where wooden cladding has been used on tall buildings, which seems very stupid when it has been known since 1666 that wood buildings usually burn easily.
I have suggested to ministers how money could be raised to improve necessary, carefully costed social infrastructure including this problem (Bank of England creates the money free of interest, so called Peoples Quantitative Easing. Govt does not want to do this because it is in the pockets of banks and big investors who want to rent money at interest, so government has to raise taxes, sell public assets, rely on unlikely economic growth, or do austerity)
The government is paying for ACM cladding, so should pay to sort out other flammable cladding rather than this continuous damaging delay in the absence of Peoples Quantitative Easing.
Commonhold has not caught on because the sector discourages it including lawyers, and there is a steady existing income stream to freeholders and their associate agents and lawyers from ground rents, lease extensions, permission fees and so on.
I don't want to get into a long dialogue Ian, because we will never agree and you work for freehold interests. Defending long leasehold is like trying to defend slavery, because many leaseholders are captives in a financial sense, or unable to sell their property for a fair price. It would be great if more lawyers would look forward and embrace fairness and justice, rather than defend the indefensible.