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.
Alan Bromley
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Sign Up10:01 AM, 22nd June 2017, About 8 years ago
Thank you William, this is very helpful. The lease does not define what it means by a 'single household' (nor does it reference the Housing Act) so the freehold company would have to argue its case on the basis of case law presumably. To Yvonne's comment, the landlord can't define what they mean by the term outside of the lease and while they have stated that 'two friends sharing' is not allowed, this seems to make the letting of a 2-bedroom flat impossible except for a couple who want to pay the extra to have a spare room.
No one has yet said that they have addressed this issue in court, which would be interesting. I am loathe to sell the flat so will sit tight for now and see how things pan out.
Chris Houghton
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Sign Up14:53 PM, 21st July 2017, About 8 years ago
Reply to the comment left by "Alan Bromley" at "22/06/2017 - 10:01":
The overall conclusion seems to be that it is unenforceable as there is no clear definition. I think that Alan has the same property management company as myself in the same location. They are trying to stop students living on the development, although a member of the residents association has quoted that students are not excluded, if this is enforced, it will be impossible to let to a couple unless they are in a relationship. How do you ask that question to potential tenants?
Wendy
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Sign Up10:55 AM, 31st December 2020, About 4 years ago
I have an active Court Case running currently (Jan 2021) seeking a determination from the First Tier Tribunal on the definition of household in our lease which the landlord has interpreted as the definition in The Housing Act 2004. For all the reasons and questions I am reading by you all here, this has to be determined once and for all. So far we have been legally advised that the definition of the word 'household' should start with the dictionary definitions to be found as a lease is not a document that should challenge the generally accepted meanings of any word in the English language, first and foremost. If your lease does not otherwise 'define' the meaning of 'household' then most dictionary definitions agree that it does not only mean a group of family members, but also a group of unrelated people who share meals or living spaces together. This case is due in Court around May/June 2021 and I will endeavour to update you all as it has been massive issue for us, upon which we have spent a small fortune to understand.
Alan Bromley
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Sign Up12:53 PM, 31st December 2020, About 4 years ago
Thanks for the update Wendy, I'll be interested to see how it goes and I wish you luck.
I have a 2-bed flat in Hove which I let it to a couple and the brother of the woman in the relationship, which seemed to me to fit the definition of a household. The brother moved out and they wanted to let the second bedroom to an unrelated person but I said no, on the basis that I did not want to get challenged should there be any problems with the tenants.
Bill irvine
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Sign Up13:17 PM, 31st December 2020, About 4 years ago
Hi Wendy
I've dealt with the question of the common household in relation to housing benefit (LHA) appeals.
In the Upper-tier tribunal case of AA vs Chesterfield BC vs Sec of State (CH/107/2010 Judge Wikely provides some explanation at paragraphs 30-35.
At paragraph 31 he comments:
"It is well established that the concept of a household is ultimately a matter of commonsense and common experience (see R(SB) 4/83). As the courts have held, a “household” refers to “people held together by a particular kind of tie” (Santos v Santos [1972] Fam 247 at 262). Furthermore, in the unreported jobseeker’s allowance case of CJSA/1321/2007 Mr Deputy Commissioner White helpfully listed various relevant considerations (at paragraph 24; the fact that he was concerned with the concept of household in the context of a married couple does not affect the general application of his guidance):
“In considering whether the appellant and his wife live in the same household, the new tribunal must consider all the circumstances of this case, including the evidence of independent financial arrangements. Matters which should be considered in coming to a common sense and realistic conclusion overall commonly include:
• the circumstances in which the appellant and his wife came to be
living in the same house;
• payment for the accommodation made by the appellant;
• arrangements for the storage and cooking of food;
• separate eating arrangements;
• domestic arrangements such as cooking, cleaning, gardening, and bits of household maintenance;
• the financial arrangements;
• evidence of family life.”
So, when considering the question you are not limited to family members.
In most of the cases I dealt with they did concern family members, but in the few that didn't, the tribunals accepted my argument that unrelated persons, listed on a tenancy agreement, with joint & several liability, with each having full access to the whole property could also be treated as forming a common household where the factors listed in the bullet points were also present.
I hope this helps.
Bill
Yvonne Francis
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Sign Up17:26 PM, 31st December 2020, About 4 years ago
Reply to the comment left by Wendy at 31/12/2020 - 10:55If your landlord has defined 'a household' in terms of the 2004 Housing Act, then I guess his interest is whether or not your tenancy does exceed the regulations which may put his property in a HMO class, requiring a License and complying with a huge amount of regulations.
However whatever the definition of 'a household' is, Councils decide for them selves exactly what that means in practise. I don't think a definition would help. In this area Councils would simply change the goal posts to achieve their aims. If 'household' is in your lease guided by 2004 Housing Act, then I can't blame your Landlord. He would only be protecting himself.
I took my Council to court, long before 2004, as they said I was not a single household. I won that time but once this act went through the definition was clearer, or at least for what matters and their powers.
However whatever the full reasons you have for bringing this case I would be very interested in hearing about it. The mere word of 'household' sends me in a spin. I went through a whole year of hell over this. Good Luck.
Puzzler
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Sign Up20:20 PM, 31st December 2020, About 4 years ago
The COVID rules define household quite clearly, those who share accommodation. There is no requirement for them to be related. However, in housing anything that is not an HMO should be one household, meaning that in most areas two sharers are OK but not more. In London Boroughs with strict licensing two would not be permitted. So two friends cannot share but they can if they are in a relationship. Totally illogical.
Wendy
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Sign Up10:44 AM, 1st January 2021, About 4 years ago
Reply to the comment left by Yvonne Francis at 31/12/2020 - 17:26
Hi Yvonne, Thanks for your comments, but I am the leaseholder (and absentee private landlord) of my flat which I wanted to let to 3 unrelated tenants (for the second time since buying my 3 bed flat in 2003). It is my landlord (above me) that is now interpreting 'household' as restricted by the one in the Housing Act 2004 (our lease was written in 1989). The word 'household' when written in our lease could not have meant 'household' as defined 16 years later! In any case the Housing Act 2004 controls/supervises HMOs for licensing purposes, it does not alter the general meaning and understanding of the word 'household' as used in the everyday English language. This is what I am trying to establish, by bringing this case. I hope it stimulates the debate 'nationally' so we have clarity because, as you say, when should a landlord 'question' the sexual orientation and 'intimacy' between people to regulate occupancy of flats? This whole question is ripe for allegations of discrimination, as should 'intimately related people' have priority to rent flats over those who do not have intimate relations?
Yvonne Francis
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Sign Up12:40 PM, 1st January 2021, About 4 years ago
Reply to the comment left by Wendy at 01/01/2021 - 10:44
I'm afraid I don't know much about leaseholds as I have always owned properties Freehold.
My point however, is, whatever your landlord above you says it would make no difference to the fact that you as a landlord would have to abide by the 2004 Housing Act, so in affect this decision would not make any difference to you. Three unrelated tenants is definitely a HMO in my area. What is the case in yours? My Council bought it down to this about 8-9 years ago, but its all an extension to the 2004 Housing Act. This level is now practised by lots if not all Council's.
I have been a landlord for over forty years so I have experienced all this first hand. It was about 1993 I took the Council to court and managed to not get classed as a HMO, claiming to be a single household. However the definition was very similar to what it is today. The post by Bill bought back many memories!
In my case I got away with it as I offered joint leases, and they were students who do live together as a family to more or less a degree. However the 2004 Housing Act put paid to all this by specifying 'unrelated persons' .
My opinion of 'household' is that it means different things to different situations. For instance with Covid it means anyone living together in a house. My students count as one household for this purpose, but not with my Council's Environmental Health Department, and hence I have to Licence and abide by all the regulations.
Wendy
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Sign Up13:14 PM, 1st January 2021, About 4 years ago
Reply to the comment left by Yvonne Francis at 01/01/2021 - 12:40
Hi Yvonne, I understand I have to abide by Housing Act 2004 HMO rules and its definition of household for the purposes of licensing...no issue/no argument there at all BUT it actually does make all the difference for the purposes of the lease and who is the 'permitted user' of my apartment. This is the absolutely critical point and does make all the difference for leaseholders. My landlord is stating that the 'permitted user' of my flat can only be a single family and not unrelated sharers, be it two or three or more people. This massively restricts who can occupy my flat as per my lease, not as per the Housing Act 2004. If my lease allows a 'household' of 3 unrelated sharers to be the 'permitted users' under the lease, then it is for me to ensure they are licensed correctly under the Housing Act...Household in both 'legal' documents does not mean the same thing with the same result. This is what we must bring to the attention of the Court for determination, we are not seeking to alter 'household' under the Housing Act, we are wanting unrelated sharers to be recognised as a household and therefore permitted users of our flats (which is a block over 160 flats and is therefore very important to establish). What governs permitted users for tenants living in our flats also applies to leaseholder owners, we are not just talking about tenants....so important!