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.
Mark Alexander - Founder of Property118
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Sign Up16:18 PM, 9th November 2012, About 12 years ago
Hi John
Who owns the freehold of the building? Presumably you own the leasehold of the flat? The freeholder should have insurance which you can claim on. My understanding is that the way this normally works is that you shouldn't be responsible for the insurance excess, the freeholder should pay that and reclaim it in service charges from all the other freeholders.
Recardo
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Sign Up17:22 PM, 9th November 2012, About 12 years ago
Hi John
Hard to say without all the facts, but as Mark says who owns and insures the building.
I brought a flat and helped my kids to by one in a converted block of 4 flats. the 2 flats downstairs are owner ocupied, and we have the two above. Each flat owns 25% of the freehold and 25% of the lease.
The building insurance is paid for by the 4 flats and the owner occupiers downstairs probable have their own contents insurance.
Any water damage from above would be claimed on the buildings insurance, and any policy increase would be shared by all 4 owners.
If the freehold is owned by a third party their insurance should cover the claim. If too many claims are made for water damage insurance could be refused or the excess could rise to unbelievable amounts.
As a builder myself I would get 2 high quotes for the repairs and confront the ''Landlord above'' with them, as this seems to be a recuring problem, then offer to do the work yourself if he is paying, again depends on who's paying the insurance.
I would also point out to the tenant above what damamage has been caused by his DIY and threathen to sue for damages if any water damage happens again. But that's just me a bit confrontational. My tenant deserves a peaceful life and I would fight on there behalf.
If you know who owns the freehold let them know what is happening,he may have a word with the other ''landlord'' let us know what course of action you took.
Recardo
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Sign Up11:04 AM, 11th November 2012, About 12 years ago
I would try doing the following:
1) Keep a diary of all leaks and related conversations, emails, phone calls, etc, that I had with the 'landlord' and tenant, as potential future evidence.
2) Find out the name and address of the mortgagor via a Land Registry search.
3) Contact the mortgagor with a full account of the leak history, saying that I am now seeking compensation for my time, aggravation and previous repair costs. I would also let them know that I will be seeking compensation for any further costs incurred by future leaks. I would tell them I will be taking out a small claim/putting it in the hands of my legal advisers if they don't pay.
4) Take the legal action threatened if (when) they don't pay.
I would ignore the 'landlord' as, if they are not the true owner, I don't think they would be legally responsible. I would also ignore the tenant, and I don't see why you should be having to deal with insurance companies. Instead the mortgagor of the flat above yours should compensate you, and it should be their responsibility to make an insurance claim or recover costs from their tenant (or their landlord accomplice) - not yours.
I would also try quoting Rylands v Fletcher at them! http://en.wikipedia.org/wiki/Rylands_v_Fletcher
Just my two penny worth. Good luck, be interested to hear how you get on.
Annette Stone
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Sign Up12:11 PM, 11th November 2012, About 12 years ago
As a managing agent with 21 years experience I cannot see why you are bothering with the owner of the flat above yours unless you suspect that the owner of the flat is the freeholder of the building.
Whatever the situation is, if there is a managing agent this is their problem to sort out and if there is no managing agent then it is for the freeholder to deal with this. You can probably find out who the freeholder is by seeing who you pay your building insurance premium and ground rent to and if you cannot find this or get a positive response then do a land registry search on the freehold title and this should provide what you need.
Your lease should contain a clause relating to the peaceful and quiet enjoyment of each flat and the responsibility of the other flats not to cause nuisance and disruption. Either the managing agent or the freeholder has to deal with the immediate issue of the leak and the subsequent repairs and then deal with the ongoing nuisance caused by repeated floods.
Mark - forgive me for correcting you but if an insurance excess is raised above what is considered a normal excess (and I have seen policies which have raised the excess on water damage claims to £5,000 per claim) then there are grounds for claiming this from the owner of the flat which caused the problem, particularly where there are repeated leaks and clear evidence of negligence by residents or lack of attention to pipes, wastes, sealants etc.
Hope this is helpful
Steve Dalloway
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Sign Up13:34 PM, 12th November 2012, About 12 years ago
Hi John,
This is a really bad news story for sure. we hear this a lot too. Should we be namimg and shaming bad landlords now ?
What about a section on the site Mark ?
Mark Alexander - Founder of Property118
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Sign Up14:36 PM, 12th November 2012, About 12 years ago
Hi John
Absolutely not!
Please see >>> http://www.property118.com/index.php/what-property118-is-not/
Regards
Mark
JohnCaversham
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Sign Up15:41 PM, 12th November 2012, About 12 years ago
Hi all many thanks for your input!
Update....The insurance excess is £1k the damage approx £750..So not worth claiming. As there are only 3 flats in the block we have a 1/3 share each of the freehold...The maintenance is organised on an as and when basis ie no monthly contrib.
Had what turned out to be a 'heated' conversation with the landlord above on Sunday after i couldn't raise him on Saturday ....It makes amusing reading and i will indeed keep a log of all conversations and events but in a nutshell the landlord above is a blatant idiot!
He said.....
1. That he and his had plumber visited on Friday as soon as i had told him there was a leak and that they'd had a look but couldn't see any water leaking in his kitchen so assumed all must be OK and just left it. (His 'plumber' turned out to be his tenant.)
2. Landlord advised that he'd personally taken a look at my ceiling on Saturday (my tenant confirmed the landlord did NOT take a look at my flat on Saterday but his tenant had)
3. There was 'only' a dripping pipe on the washing machine and that i should take it up with his tenant because as far as he was concerned he wasn't responsible...I held my cool and told him i wasn't happy with that at all, but he said that was his position so tough....So i polity but firmly told him i'd go through SCC of need be, he replied-"listen, i don't like it when people threaten me, And in any case he said i don't own the flat and if you think you can take legal action against the owner then go ahead!" ...However my blood was, by this point, rather boiling somewhat and the call didn't end too well as i called him a prize axxxxxe as the call ended...! (i know i should have kept my cool and NOT used that word but we were in the midst of an argument by now and his manner definitely required the use of something expletive!)
I have today got a plumber to take photo's and fix the leak from underneath as it looks like it's nothing more than an underfloor waste fitting issue, then ill get the ceiling fixed all at my expense initially and i'll give him the bill for the lot. I'm assuming he won't pay but in that case the SCC will simply put a second charge on the property?
TBC.....
Mark Alexander - Founder of Property118
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Sign Up16:42 PM, 12th November 2012, About 12 years ago
Hi John
Clearly you need to check land registry to see who the registered owner is and direct any litigation towards that person as opposed to the ar53h0l3 you've been speaking to.
Best of luck and please let us know how you get on.
Regards
Mark
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Sign Up8:42 AM, 16th November 2012, About 12 years ago
Hi John, read your story with interest. I am a landlord in North London and have had a very similar situation over about 10 years. In my case we were both leaseholders in a two flat building, I was on the ground floor and the person who kept flooding my flat was on the top floor. The leaks happened every couple of years, and were as much about causing me and my tenants hassle as well as the damage. ( I also have a further two similar situations ongoing).
The freeholder did not insure the place (and was completely disinterested as the lease was vague), each of us had our own insurance and the guy above (Mr H) wouldnt claim on his insurance. As I had a block policy I was reluctant to claim on mine and so I generally put up with it.
Eventually I put it into the hands of a lawyer and we sued him and had a CCJ taken out. I was awarded the damages which came to about £4500 and after quite a while and another visit to the court I received a cheque for £2800 (£4500 less fees) which was extremely satisfying as you can imagine!! And no leaks since (this is about 2 years ago).
A few thoughts (and perhaps replicating other advice you have received below)
1.) Keep a diary/video record/copy of any and all expenses incurred going forward
2.) Back date the record with any recollections of previous incidents and try to itemise any expenses incurred so far, even if you dont have the actual bills (but better of course if you do).
3.) As far as I am aware you can only go back 6 years with claims in the CC, so the judge wont be interested in anything that happened prior to this.
4.) You cant claim legal expenses if the claim is under £5k (or thereabouts) which is frustrating
5.) Do search at Land Reg and make sure you have all the correct info. Send a recorded delivery of all of the reports on each incident to date to the registered owner.
6.) Copy in the tenants above (Even if they dont speak English or are unhelpful they will pass onto to the landlord and the cumulative effect helps).
7.) Send a record of all of the problems to date to the mortgage company of the owner of the flat above, the info will be on the same Land Reg info. If there is no Land Reg info then very likely there is no mortgage on the property. Tell them that the integrity of the building is being affected and that you are taking legal advice and are considering taking action against them as the holder of the deeds to the property.
8.) Consider making a claim each time against the house insurance, even if you have to pay the excess. Reason being is that the insurance company will get involved and they will likely hassle the owner. And are you claiming enough? if there is a regular leak from above I would claim for removing the ceiling and investigating the integrity of the joists, and for applying a preventative wood rot treatment plus reboarding ceiling and repainting the entire room (this should be in the region of £1500). The insurance company will appoint a claims adjuster and this person will also be helpful in putting pressure on the owner. Finally the third party and the owner above will start to take action once the insurance goes up.
9.) DONT lose your temper - take action instead - at least consider taking legal advie, lots of lawyers will give you an hour for free. But go into them with some proper records/summary of the situation rather than a long story, and keep it simple, forget about the emotions.
10. Good luck!! Sean
Mark Alexander - Founder of Property118
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Sign Up8:59 AM, 16th November 2012, About 12 years ago
Great story, great advice Sean. Thanks for sharing.