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.
Neil Patterson
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:46 AM, 5th June 2018, About 7 years ago
Hi Ivan,
An excellent informative comment fro Industry Observer on a similar article >> https://www.property118.com/tenants-partner-moving-in-likely-issues/
"UNAUTHORISED OCCUPIERS - LICENSOR AND LICENSEE SITUATIONS
Do not confuse the formalised licensor / licensee relationship as underpinned by a licence to occupy with the other scenario where we have to deal with licensees, which is that of unauthorised occupiers.
These situations occur where we become aware, possibly even in advance of the tenancy commencing, that a party other than those named in the agreement as tenants will be living in the property on an ongoing basis as their main residence. The other classic time for discovering, or suspecting, that all may not be well, is on an inspection visit.
In essence we are usually talking about either girlfriend or boyfriend moving in, or a friend staying on a semi-permanent basis. This gives rise to a licensee situation, and there are several courses we can adopt following discussion with the Landlord.
However these situations must be confronted because it is possible that something a little more serious is developing, such as the tenant having moved out and allowed someone else occupancy (known legally as ‘assignment’) or has sub-let part of the accommodation, and is charging rent himself to another party, or he may simply have some form of lodger.
Either way these can be serious situations, especially if it comes to litigation to evict the unwanted occupier who then tries to claim that they have a tenancy themselves. If that tenancy was only as between them and our tenant it may not be so difficult, though it will cause delays and complications. But if they can claim they have a tenancy as between themselves and our Landlord, then that potentially is far more serious.
To that end, and as a general principle in all matters when accepting rental payments, you need to be careful only to accept monies, or in particular to give any type of formal receipt for rental payments, to persons names as tenants in the tenancy agreement. Otherwise, unless just a one-off, you could have a situation where an unauthorised occupier could produce a string of receipts showing they had made payments over a period of time.
This could enable them to make a legitimate claim to have a formal tenancy by approbation which a Court would recognise, then giving rise to all sorts of ensuing problems, not least over possession.
Can we afford to ignore an unauthorised occupier situation and hope it will resolve itself?
It may be that you know the situation will not persist for too long, that the licensee is simply on an extended visit, or that the tenancy is shortly coming to an end and the tenant (and licensee) will be vacating. In this case you can simply monitor the situation and if it resolves itself within a matter of weeks all well and good.
However be careful, as this area is directly influenced by your Duty of Care to the Landlord and the due diligence you owe him as your principal client. If a situation goes pear shaped and the Landlord can show you knew about it and, more seriously, could have reasonably been expected to do a little more about it than just ignore it, or not act firmly enough in the protection of your client’s interests, you could be laying yourself wide open to a claim for damages if the Landlord subsequently suffers any loss.
If you become aware of an unauthorised occupier situation at any time during the tenancy (or before it even starts) then you must confront it and create good file notes in support of the action you have taken. At the very least this should involve sending the letters as set out on the following pages.
Should we formalise the situation at next renewal?
If the tenancy is shortly due for renewal and the existing tenant wants to stay then after discussion with the Landlord it may be possible to join in the unauthorised occupier (licensee) as a joint tenant on the Renewal Tenancy documents. For this you would need to charge a fee, especially if referencing is required, or considered prudent, which it certainly would be.
After all the licensee may have been around originally but not put themselves forward as a tenant because of a suspect credit record etc.
What if the situation will not imminently be resolved?
If the licensee’s position will not rectify itself in the near future, then a decision has to be taken regarding their continued occupancy of the property. If the Landlord is relaxed about this then frankly it is difficult to see why any licensee would not wish to become a tenant, as tenant status affords greater protection than being a licensee, and imposes greater obligations on the Landlord.
We do not want the unauthorised occupier remaining for an extended period because, as mentioned earlier, a tenancy can arise by as by approbation. This could result in legal acceptance and recognition of a situation as a result of not doing anything to remedy it, so the occupying licensee can end up as a tenant by default. This is especially true if they can prove they have been making a contribution to the rent by producing receipts from you.
In such situations it is essential, in order to clarify the position to all concerned and ensure that by default the licensee does not develop some sort of formal relationship with the Landlord, that the letters on the following two pages are sent immediately you become aware of a potential licensee situation. We recommend you do this whether or not you believe the situation is going to be quickly resolved either by the licensee leaving or being joined in as a joint tenant.
These letters, one to the each of joint tenants and one each to every licensee, confirm that the occupier is a licensee of the tenant, who in turn is the licensee’s licensor. In relation to the Landlord, the licensor (your tenant) is the licensee’s agent in all matters i.e. the licensee’s relationship remains one between the tenant and licensee and is not formalised in any way as between the Landlord and the licensee.
Whatever letters are sent, either licensor/licensee ones formalising that situation, or letters to the tenant and occupier outlining that no action is to be taken on the occupancy as it is understood only to be temporary, copies should be sent to the Landlord and retained on file.
If there is a rent protection policy or any other insurance set up by you on the property, advise the insurers.
Ensure too that you tell any Guarantor of the situation as it could affect their position and hence your ability to call upon their Guarantee at a later date.
Letter to be sent to tenant on discovering a possible licensee situation where the unauthorised occupier is to be allowed to remain
Dear
Re: YOUR TENANCY OF
I understand that is now residing with you at the above address.
Whereas the Landlord has no objections in principle to this arrangement I must point out that is not party to your current tenancy, rather has become a licensee of yours i.e. the relationship is between yourself and and has no rights nor exclusive possession to the property or any room therein.
occupancy of the property is not recognised either formally or informally as being any form of tenancy.
Any monies received from in respect of the tenancy shall be deemed to be a payment for you as your agent and shall not under any circumstances give rise to any rights to occupy the property.
Would you please sign and date the enclosed copy letter and return same to me in the envelope provided.
Yours sincerely
I/we acknowledge the statements contained above and agree and understand that is residing with me/us at the above property solely as a licensee of mine and any resultant relationship is between myself and the licensee alone. I confirm the licensee has no rights for exclusive possession to the property or to any room therein and that any payment made by in respect of the tenancy shall be deemed to be a payment on my behalf as my agent.
(All of joint tenants to sign) (Date)
Letter to be sent to unauthorised occupier on discovering a possible licensee situation where the unauthorised occupiers are to be allowed to remain
Dear
Re: YOUR RESIDING AT
I understand that you are now temporarily residing with at the above address.
Whereas the Landlord has no objections in principle to this arrangement I must point out that you are not party to any tenancy that currently has relating to this property, the only authorised tenant of the property is .
You are regarded as a licensee of i.e. the relationship is between yourself and , you have no rights nor exclusive possession to the property or any room therein, your occupancy of the property is not recognised either formally or informally as being any form of tenancy.
Any payments made by you in accordance with the terms of the tenancy as between the landlord and shall be deemed to be payments made as agent of and shall not under any circumstances give rise to any rights for interest in the tenancy in your favour.
Would you please sign and date the enclosed copy letter and return same to me in the envelope provided.
Yours sincerely
I/we acknowledge the statements above and further agree that my residing with at the above property is solely as a licensee of and that my formal relationship is therefore between and me alone. I also understand I have no rights of exclusive possession to the property or to any room therein and that any payment made by me in accordance with the terms of the agreement between the landlord and shall be deemed to be payments made by me as the agent of
(All licensees to sign) (Date)
(All licensees to sign) (Date)"
Neil Patterson
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:49 AM, 5th June 2018, About 7 years ago
However in this situation unless you are an expert it will nearly always save you time and money to employ a professional eviction specialist such as Paul Shamplina's team at Landlord Action.
Please see our evicting tenants page >> https://www.property118.com/evicting-tenants/
bean
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:27 AM, 5th June 2018, About 7 years ago
I am struggling to follow the facts as described. It is not clear who moved in 2009 and then intended to move in 2018.
I think you will find that the Wife is and was a Tenant with an interest in the property. A tenancy does not need to be in writing.
A waiver should have been taken from the wife at the outset.
As there is now a breach a s8 notice should be served on both wife and husband and proceed as usual.
It is always best as good practice to serve a s21 notice along with a s8 should the tenant rectify the breach prior to the court hearing.
In short just proceed as if the wife were named on the written tenancy.
Chris @ Possession Friend
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:53 AM, 5th June 2018, About 7 years ago
Neil is right you need specialist help - Competitive Possession available from http://www.PossessionFriend.uk
( get quotes from both )
MasterG
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up12:02 PM, 5th June 2018, About 7 years ago
It seems to me that the wife could claim to have a tenancy, especially if she can show that she has contributed towards the rent. It's a little late now but in these situations, it's best get to a deed of postponement signed by anyone who is resident and over 18 who is not a signatory to the tenancy agreement.
Luke P
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up12:09 PM, 5th June 2018, About 7 years ago
Serve him notice (even though he's not there). Upon expiry apply to Court. Judge will grant Possession (at a hearing he won't attend). Push to High Court and have HCEOs evict all those present (including wife) on the day. Gain certificate of possession and re-let. Quickest, easiest, cheapest way.
bean
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up12:36 PM, 5th June 2018, About 7 years ago
Serving notice has nothing to do with a "tenant not being there".
You will have to legally end the tenancy which has nothing to do with the location of the tenant. You have granted a legal interest which will have to be ended.
You have an occupant in exclusive possession paying rent which means you have a tenant (Street v Mountford).
With the varied opinions here you would be best served to seek legal advise which does not have to be specialist as your "problem" is not complicated or that unusual.
All you are you doing is simply gaining possession for which there is a well known procedure to follow.
You can probably get free advice from your local CAB.
Kate Mellor
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:17 PM, 5th June 2018, About 7 years ago
As Neil says the tenant granted a ‘license’ for the wife to be there which is not a tenancy, but could have become a tenancy by virtue of you accepting rent from her as Trevor points out.
However, as the notice only expired recently you could write to her and explain that as the tenant has given notice and moved out she is in the property without permission and you require her to move out. Express in writing that she is NOT your tenant and you have no intention of allowing her a tenancy on the property. Explain that any money accepted from her is for Mesne Rent only.
Accepting mesne (pronounced mean) rent does not create a tenancy which is why it’s important to document it.
As you have a written tenancy agreement for the husband and you don’t have vacant possession the simplest approach is to follow the standard eviction protocols serving notice at the property on your tenant (the husband only). Follow it to its ultimate conclusion to regain possession.
It IS worth taking legal advice from a property specialist solicitor though because a correctly served notice from the tenant ends the tenancy whether or not the tenant leaves. So it may be possible for you to apply to the courts for possession without giving two months notice. Your AST agreement and the tenants Notice to Quit will need to be checked by an expert to determine this, but it may be worth the cost.
bean
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:47 PM, 5th June 2018, About 7 years ago
You will find it extremely difficult to argue that the wife is not a tenant. The husband (tenant) cannot grant anything in a property belonging to another.The interest gained by the Wife is one by operation of law.
The Landlord knew and approved of the occupation of the wife.
Married people live together normally in the matrimonial home not separate addresses. The fact one moves out does not change the status of the other.
All that is required is notice served on ALL tenants to end the legal interest and proceed as usual.
Luke P
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up15:27 PM, 5th June 2018, About 7 years ago
If you do what I said, rightly or wrongly (nobody will check a single thing), you will end up with possession.