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.
Tony McVey
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Sign Up10:32 AM, 2nd July 2016, About 8 years ago
The tenant will be legally liable for council tax for a property he
occupies. The responsibility for an unoccupied property rests with
the owner of the property.
Michael Barnes
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Sign Up13:41 PM, 2nd July 2016, About 8 years ago
Reply to the comment left by "James Tenniswood" at "28/06/2016 - 11:16":
It is the tenant saying they were still occupying the property that would appear to put responsibility on them and not on you.
John Pettman
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Sign Up15:35 PM, 2nd July 2016, About 8 years ago
Hi may suggest you read my article in the Christmas 2014 Southern Landlords newsletter regarding this whole matter. Briefly Local Government Finance act sets out the position , of course anyone can be liable for Council tax for two or even more properties. Subject to exceptions, main person liable is the person in occupation and if no one, then its the owner. Thus a tenant may be in occupation of one property but own another. The concept of ownership is important. Since the Norman Conquest its the crown that owns the land we mere mortals have what is known as a Legal Estate . There are but two legal estates , in plain English either Freehold or Leasehold. It matters not if the leasehold interest is for 6 months or 99 years. Thus so long as your tenant held a tenancy he/she is responsible for Council tax either as being in occupation or as the owner. However the slight sting in the tail is that the Local Gov Finance act specifies that a Leasehold interest should be for 6 months or more so the Superstrike case rears its head once again because at the end of the fixed term, a Statutory periodic tenancy comes into p[lay and most (not all) would be just a monthly tenancy See the case of Macattram V London Borough of Cambden However if your A.S.T provided that at the end of the fixed term a Contractual periodic tenancy came into effect even if it was a monthly one then following the case of The Berwick Settlement v Shrewsbury City Council the tenant would be liable. The last day of a tenancy is interesting as it is deemed that the tenant is NOT in occupation however under Sidebotham v Holland they would be liable as owner.
I have had problems with two Councils Canterbury City Council and Thanet District Council its like trying to get blood out of a stone I had to take Canterbury City Council line by line word by word through the legislation and the decided cases . They then advised that they would take legal advise , never an apology just a reluctant conceding of the fact that I was correct and they were wrong . A follow up request to find out how many incorrect requests for Council Tax and there proposals to re in burse people was met by what one might call arrogance. But please read the whole article and I am happy for property 118 to print the whole of that article
John Pettman LL.B (Hons)
Peter Fredericks
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Sign Up14:52 PM, 4th July 2016, About 8 years ago
The Trustees of the Berwick Settlement and Shropshire Council (Valuation Tribunal of England Appeal Number 3245M131738/176C) hits the nail right on the head. It provides a good summary of the position with contractual periodic tenancies (including some useful wording for the AST) and with statutory periodic tenancies, as dealt with in MacAttram v. London Borough of Camden [2012] EWHC 1033.
I shudder to think how many landlords are being caught out by this particular (to the lay man dialectical) distinction. I've been battling away with Durham County Council on this for months. Having thrown MacAttram into the ring after a charge of mind from a previous written determination saying no council tax was payable, they couldn't explain the differences between the different types of tenancy and never even mentioned the Berwick Settlement case.
Sadly, this all has a ring of local authorities trying to hit landlords with charges on abstruse technicalities that the Council staff themselves don't properly understand. This can leave individual landlords very exposed.
Property Care
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Sign Up19:22 PM, 11th July 2016, About 8 years ago
Hi James
I've had this issues with councils trying to charge me council tax which a tenant is liable for and I've never had to pay it. I told the council that the tenant was renting the property for the period it was due and provided proof of this i.e copies of tenancy agreement etc. They would then put it to me that the tenant had moved into another home, however I would then point out to the council that it is not against the law to rent more than one property. Until such time we regain legal access to the property through the courts I've pointed out to the council that tenant remains liable for the council tax on the property that they (the tenant) have contractually entered into via a rental agreement.
I've never been challenged after explaining this.
Simon Lever - Chartered Accountant helping clients get the best returns from their properties
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Sign Up17:30 PM, 17th July 2016, About 8 years ago
Reply to the comment left by "James Tenniswood" at "28/06/2016 - 11:16":
Hi James
I know it is a bit past when you spoke to the council but may I suggest that every time you speak to the council you then follow this up with a letter stating who you spoke to and what they said to you.
Address the letter to the person you spoke to.
This will not do anything in the short term but if there is ever a dispute about what was said you can point to the letter and say I confirmed what I was told in writing and this was never disputed.
Will save a lot of hassle if things get nasty.
VJM Waites
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Sign Up19:42 PM, 18th July 2016, About 8 years ago
I have today received a bill from Wirral Council demanding payment for council tax for a two month period in 2013 when a tenant was contractually obliged to pay council tax as he was still renting my property whilst renting another. I have already paid the 8 month period following the end of that tenancy, that was billed and paid for in March 2014. I was unable to rent the property immediately following the end of that tenancy as the house was left in a very bad state and had to be refurbished, It cost thousands and the builder now owes me money as the work he did was unacceptable and I had to get the work redone. Now the council have written asking for the two months prior to the tenancy ending. I will be asking them why and asking why they accepted the situation back in 2013 but have now changed their minds.
Peter Fredericks
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Sign Up9:11 AM, 27th July 2016, About 8 years ago
Reply to the comment left by "John Pettman" at "02/07/2016 - 15:35":
John
Could you please cover off what happens after the fixed period if a statutory periodic tenancy runs on which is just expressed to be a statutory periodic tenancy and not a statutory monthly periodic tenancy?
Does the notice period (say of one or two months) then determine the period of the statutory tenancy?
Larry Sweeney
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Sign Up21:59 PM, 27th July 2016, About 8 years ago
Hi James,
I hope I Am not too late with my advise. Firstly Councils are greedy grasping organisations and know that you will prove an easier target, than the feckless tenant. If they will not see sense and relent you will have to attend court. Be prepared, the Magistrates court are accustomed to rubber stamping Liability orders for useless Councils. You are not legally liable and your defence is as follows.
There is a hierarchy of Liability for CT. The tenants had a tenancy and had right to reside in either or both properties.
Bring the paperwork which you have mentioned. An individual or corporate entity can have a CT liability for one or more properties, as we landlords have in the case of voids. This tenant could have been subletting. Again on the hierarchy of liability even squatters with no tenancy agreement may have a CT liability. Have a look at the Council tax regs 1992, Good Luck.
pbez64 pbez64
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Sign Up13:49 PM, 2nd September 2016, About 8 years ago
Reply to the comment left by "Peter Fredericks" at "27/06/2016 - 13:15":
Leeds v Broadley (2016) affirmed the VT decision in favour of the landlord who built into his tenancy that it continued as a contractual periodic under same terms and conditions therefore tenants remained liable even though had left during notice period - different with Camden -v- Macattram (2012) which was statutory periodic