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.
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up13:16 PM, 24th November 2014, About 10 years ago
I see this all the time, most if not all local councils will tell a tenant to stay until the bailiffs come.
this is mainly a legal situation as, for a client to be accepted as homeless they need to show there is no property in the UK or abroad that they are legally allowed to occupy.. a tenant is legally allowed to occupy a property right up until bailiffs arrive
it also cuts down on time restrictions for the council, as they do not have to act on a tenant being homeless until that tenant is 28 days threatended with homelessness, as S21 or possession order is not a threat to make them homeless, it is a stage in the process to that end.
i can see this issue from the landlords point of view as you have a tenant in a property longer than you wanted.
However the councils are so overwhelmed they are forced to read the law to their advantage
Monty Bodkin
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:04 PM, 24th November 2014, About 10 years ago
Julie,
as S21 or possession order is not a threat to make them homeless
See the following link from the Councils own code of guidance. Councils choose to ignore it for short term solutions but in the longer term it is self defeating.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7841/152056.pdf
Each case must be decided on its facts, so housing authorities should not adopt a
general policy of accepting – or refusing to accept – applicants as homeless or
threatened with homelessness when they are threatened with eviction but a court
has not yet made an order for possession or issued a warrant of execution. In any
case where a housing authority decides that it would be reasonable for an applicant to
continue to occupy their accommodation after a valid notice has expired – and
therefore decides that he or she is not yet homeless or threatened with homelessness –
that decision will need to be based on sound reasons which should be made clear to
the applicant in writing (see Chapter 6 for guidance on housing authorities’ duties to
inform applicants of their decisions). The Secretary of State considers that where a person applies for accommodation or assistance in obtaining accommodation,
and:
(a) the person is an assured shorthold tenant who has received proper notice in
accordance with s.21 of the Housing Act 1988;
(b) the housing authority is satisfied that the landlord intends to seek possession;
and
(c) there would be no defence to an application for a possession order;
then it is unlikely to be reasonable for the applicant to continue to occupy the
accommodation beyond the date given in the s.21 notice
Robert M
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:52 PM, 24th November 2014, About 10 years ago
Unfortunately, Jan Luba (via David's posting), Julie, and Monty, are all correct, even though they appear to be saying slightly different things!
Councils tell people to stay because they want the person to sort themselves out rather than come to the council for help. This is because councils are overwhelmed with homeless applications and don't have enough properties for everyone, so they engage in "gatekeeping" (though of course they deny this practice). They will also try to put off the inevitable in the hope of being able to deal with it at a later date. The consequences to the household being evicted, or the consequences to the landlord, are of no concern to them.
The homelessness legislation itself (Part VII of the Housing Act 1996 as amended) refers to legal occupancy, BUT it also refers to what is "reasonable to continue to occupy", so it is possible for someone who is not facing eviction to be classed as legally homeless. There is good caselaw on this, but trying to get a council to accept this argument (without taking them to court) can be a very difficult struggle. Many councils are so desperate to not accept a homelessness duty, that they will reject applications simply because they know that the applicant won't have the persistence and determination to pursue a court appeal (especially with the reductions in the Legal Aid budget making it more difficult to access legal assistance.
A property may be legally available for occupation right up until the bailiffs arrive (as Jan Luba, and Julie says), but whether it is "reasonable" to continue to occupy up until that point is a different matter (as Monty says), but that judgment of what is "reasonable" is a subjective finding by the Housing/Homelessness Officer, and as such is not necessarily easy to challenge (though knowledge of relevant caselaw does help).
I would add at this point that I used to be a debts/benefits/homelessness caseworker for the Citizens Advice Bureau and have won many cases against local authorities, AND I have also been a homelessness officer (a very fair one I hope) and have managed a team of homelessness officers in a local authority, so I can speak with personal experience from both sides.
John MacAlevey
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:33 AM, 25th November 2014, About 10 years ago
`However the councils are so overwhelmed they are forced to read the law to their advantage` ..quite right Julie, this is the prime mover.
David Asker
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up10:00 AM, 25th November 2014, About 10 years ago
Thank you for your comments in this matter.
I suppose I was hoping somebody would say that the guidance was incorrect and provide relevant caselaw to support.
As you will no doubt understand we are inundated with Landlords questioning why a tenant can stay in their property even after a possession date has passed. Clearly the above is the answer and one that we will continue to advise.
I would add that I fully sympathise with the Council's position also. Not to mention those facing the eviction themselves and the Landlords own property issues.
All in all it is often a very unpleasant experience for all stakeholders but one that is necessary.
Romain Garcin
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up10:27 AM, 25th November 2014, About 10 years ago
Reply to the comment left by "David Carter" at "25/11/2014 - 10:00":
In relation to assured shorthold tenancies, the Housing Act 1988 itself clearly states that, in relation to s.8 and s.21 proceedings, the tenancies continues until a court order is obtained _and_ executed.
Based on that, the tenant indeed has a perfectly valid tenancy until the bailiffs, or yourself, come knocking on their door.
Considering that councils indeed try hard to delay having to re-house this is gold for them.
The Protection from Eviction Act 1977 indeed says that the (ex-landlord) cannot evict by himself, even if the tenancy has ended and the ex-tenant has no longer a right to occupy the property.
That's relevant e.g. when a tenant gives notice to quit but does not leave: The (ex-)landlord must still seek a court order and cannot just change the locks on the (ex-)tenant.
Robert M
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up22:38 PM, 25th November 2014, About 10 years ago
Reply to the comment left by "David Carter" at "25/11/2014 - 10:00":
Hi David
Although the tenancy does not come to an end until a possession order is obtained and the date for leaving has expired, and the tenant cannot be physically evicted without the use of a bailiff (or HCEO), the tenant CAN be considered to be legally homeless prior to either of these events (in some circumstances).
In addition to this "homelessness" definition, it should be noted that the council's homelessness duties kick in when the person is "threatened with homelessness within 28 days", so if you have an eviction date set within 28 days, then the council may have a duty towards the person being evicted (though there are other conditions they also need to meet before the council have a full rehousing duty).
If the council can be persuaded to accept that the person is "legally homeless" prior to the possession (or eviction) then this could give the tenant a way of leaving the property before possession or eviction become necessary, (thus avoiding the need for legal proceedings altogether). Such a situation can occur when it would be "unreasonable" for a tenant to continue to occupy the property even though it is still lawfully available for occupation.
It may be unreasonable to continue to occupy a property for a whole wide variety of reasons, e.g. affordability, threats of violence, harassment by neighbours, not fit for human habitation, etc, etc, (I even had a case once that involved a tenant believing the house was haunted, and that was why they needed to move). The test of what is reasonable/unreasonable is subjective, but is also restrained by the legal fiction of the "average man on the Clapham omnibus".
You have hoped for some caselaw that may be helpful, so I would refer you to my favourites on this point, which are:
R v Hillingdon LBC ex p Tinn (1988) 20 HLR 305, QBD (This is a case about homelessness on the grounds that the accommodation was unaffordable).
R v Wandsworth LBC ex p Hawthorne (1994) 1 WLR 1442; (1995) 27 HLR 59, CA (This is another case about the affordability of accommodation as being the cause of their eviction).
R v Newham LBC ex p Khan and Hussain (2001) 33 HLR 269, QBD (This is a case about the council's duties when a person is threatened with homelessness within 28 days).
These situations will only apply to some cases, but where such circumstances do exist then there is at least some scope for getting the tenants rehoused without the trouble and expense and delay of going through the repossession route and eviction route, but don't expect the council to give in easily, you will have to have a very persuasive argument, but it can be done!
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up23:38 PM, 29th November 2014, About 10 years ago
The only way this will be settled is if a council is taken to court and the case is found against them.
Steve Gracey
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up17:51 PM, 4th December 2014, About 10 years ago
As Monty says section 8.32 in their guidance is quite clear ...... it is unlikely to be reasonable for the applicant to continue to occupy the
accommodation beyond the date given in the s.21 notice
My council knows what they are doing is wrong because they officially deny that they are doing it. All the local agents, landlords, homeless charities, even their own advice line insist that they do tell tenants to wait until bailiffs arrive. We asked for clarification of their advice at their Landlords forum and were promised an answer in April and we're still waiting.
I think we need a test case - Mark is this something for Property 118 maybe? Challenging the councils wrongful interference in a legal contract between landlord and tenant resulting in financial loss to landlord.
Ciru
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up22:35 PM, 26th January 2015, About 10 years ago
Reply to the comment left by "Robert Mellors" at "24/11/2014 - 14:52":
are u LL now?