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.
Bob Plumb
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Sign Up16:59 PM, 28th June 2017, About 8 years ago
I hope I have avoided a similar scenario with newham, I dont trust them one bit, i have a property also in newham at first rented to 3 people in a 3 bed property all related so i chose a selective licence. over time they moved in 2 unrelated persons in which my agent chose to ignore (now sacked or will be 11th july) when i found out i chose to issue 2 months notice, I informed newham council what was happening just to cover my back in case something cropped up in that 2 months, and they got real pedantic with me telling me that despite the agent keeping it from me it was my responsibility and its down to me. I politely said my goodbyes.
Newham staff have been known to lie in the past, as i found out an told them so and they didnt deny it.
My advice as already mentioned would be to get good legal advice as i beleive Newham council allegedly have issued the most amount of fines to landlords in England
I intend to ditch that property the first opportunity I get, and be done with Newham council who are most definately hostile to private landlords.
Bill
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Sign Up11:17 AM, 1st July 2017, About 8 years ago
After putting up with Newham Council for 13 years, I got out. You cannot deal with dictators.
John Frith
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Sign Up8:11 AM, 2nd July 2017, About 8 years ago
The original poster (John, or is it Kais?) said that the property was licensed. In which case he should have been clearly advised of the requirements to fulfil the license. If he has been so advised, surely there is no mitigating defence?
I am interested to find out if an HMO that does NOT need to be licensed is subject to special requirements, either by national legislation or by local council diktat? Anyone know, or point out the legislation to me?
Kay Landlord
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Sign Up8:37 AM, 2nd July 2017, About 8 years ago
Would be really interested to know of HMO specialist lawyers as we need good representation and advice with their poor definitions in their documentation. Also I know of a number of landlords who have been refused HMO planning apps. Any good lawyers out there who can help?
John Frith
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Sign Up9:03 AM, 2nd July 2017, About 8 years ago
I found the answer to my own question. The document "HOUSES IN MULTIPLE OCCUPATION STANDARDS"
http://www.nihe.gov.uk/hmo_standards.pdf
states:
"2.1
These standards shall be applied as minimum requirements to all categories of Houses in Multiple Occupation (as classified below)."
So it doesn't matter if the HMO is licensed or not, it still has to meet the same requirements.
I wonder how many landlords with HMO's that do NOT require a license are unaware of their responsibities?
Kais Malique
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Sign Up14:13 PM, 2nd July 2017, About 8 years ago
The Council seems to change their story which is now frustrating I plan to fight this and I will be taking legal advice. I am beginning to think the Council don't know what they are doing or even have proper procedure or guidelines.
The Enforcement Officer and her Manager seem to give different stories to why it is HMO when I challenge them.
Now the Council is now saying the House was HMO for the past 2 years when the previous Letting Agent whom I sacked in May was managing the House. I decided to keep hold of one tenant and her young daughter as they had no deposit for a flat and she had other personal issues and I decided to help.
She approached me to take the house and her mother would also move in with her and a family friend. This is when I gave them a new Tenancy Agreement. The Council was referring to this particular tenant to have stayed for two years.
I did inspect the house when the Letting Agent was managing the House but there was never any suspicion of subletting going on. I served section 21 notice to the agent as he failed to manage the house properly.
This whole experience has not been pleasant especially the behaviour of Newham Council but it leads me to think we as Landlords have no one strong voice to take on the Council and the Council know this hence their appalling behaviour.
Newham Council is trying to Renew their Licencing Scheme for the next 5 years and I hope the Government imposes restrictions on them as they have done for other Councils.
John Frith
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Sign Up15:10 PM, 2nd July 2017, About 8 years ago
John, my understanding is that an HMO is defined by the government. Read this government page and then decide if it applies to you.
https://www.gov.uk/renting-out-a-property/houses-in-multiple-occupation-hmo
Jill Coyne
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Sign Up17:01 PM, 3rd July 2017, About 8 years ago
I'm not sure, but I think a nanny or live-in au pair counts as the same family.
You've probably understood by now that for a selective license everyone has to be in some way related to each other, otherwise you can only have two unrelated people living there. You yourself can live there and have two unrelated people staying with you and as many of your own family as you like. But if you're not living there yourself you can only let to two people if they are unrelated. If a third person is not related to the others, you have two households and should have Additional HMO license. Newham will have given you a maximum number of people ( of one household/ all related) that you can have staying there with your selective license.
In my opinion it's an exceedingly stupid law and has made good properties unlettable for three or four unrelated sharers, as families with only one parent working can't afford them and unrelated sharers who can afford them, aren't allowed to rent them.
Colin McNulty
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Sign Up7:29 AM, 17th July 2017, About 8 years ago
IANAL, my advice is worth what you paid for it etc etc.
IMO this house IS a HMO. As linked to above the definition of a HMO is quite clear: https://www.gov.uk/renting-out-a-property/houses-in-multiple-occupation-hmo
> Your property is an HMO if both of the following apply:
> at least 3 tenants live there, forming more than one household
> toilet, bathroom or kitchen facilities are shared
By that definition the house is a HMO.
However people are confusing that simple issue with one of licensing. Licensing is irrelevant to the question of whether this property is a HMO or not. Whether it should have a HMO license or selective license is a totally different question, which is very simple, again from the link above:
> An HMO must have a licence if it is both:
> 3 or more storeys high
> occupied by 5 or more people
By that definition, your HMO does not need a HMO license.
(John, just because you don't need a license, doesn't absolve you from the requirement to comply with ALL the regulations pertinent to HMOs, e.g. fire doors, linked smoke alarms and sounders, emergency lighting, protected escape routes etc etc. Needing a license is irrelevant to your obligations.)
So back to the question in hand, what *exactly* are they prosecuting you for?
Jill Coyne
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Sign Up7:46 AM, 17th July 2017, About 8 years ago
Reply to the comment left by "John " at "02/07/2017 - 14:13":
Why is licensing irrelevant? There are three types of licence in Newham
-Selective license(family)
-Additional HMO license (3 or more unrelated sharers in two storey house)
-HMO license (mandatory for 3 storeys etc)
In Newham you have to get planning permission to change the use from family to HMO but they'd probably never let you do that anyway. regardless of what license the council issues you. They might agree to an HMO but then you'd have wasted your money because you wouldn't get planning permission so you'd have to then pay for a selective one. But I believe the licensing dept is actually informing people now that there's no point in going for an HMO license due to no planning permission possible.
However, if you have let to a group of sharers for 10 yrs (before licensing came in) in you'd automatically be granted an HMO license. or an Additional HMO license.