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 Up22:10 PM, 20th June 2013, About 12 years ago
@DC - why not do what Annette Stone did? See her comment a bit further up this thread. I'm sure she would be delighted to help, contact details and a testimonial from me are on her Member Profile 🙂
Lauren Wadey MIRPM, AssocRICS, CIHM
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Sign Up9:12 AM, 21st June 2013, About 12 years ago
DC- you comments about entering into Leasehold responsibly are spot on.
I also like Marks style with the address situation!
Once thing I would say though is if DC is happy with hard working agent, they need to be sure they can reasonably reduce the crippling charges (which i presume would be the main reason for action ) before taking on the responsiblility and further financial burden of Enfranchisement or RTM. Its not a panacea and definately not suited to every landlord/leaseholder.
Happy to discuss the pro/cons further with you DC if you did want to consider that option.
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Sign Up11:20 AM, 21st June 2013, About 12 years ago
Hi guys
First of all I want to thank you for all your comments and feedback.
Sorry I am unable to respond quicker to posts. We are currently living in Australia. (time difference can be hell)
We purchased the property when interest rates were between approx 7% & 8%.
At the time we were lucky to break even after deductions etc but this was seen as a long term investment and something to fall back on if required.
Had we known about the licenses at the time this would have changed myself and my wife’s mind about the property.
Fortunately we got a little lucky when interest rates fell and now the property is positively geared. So at present paying for the licences would not be too much of a hassle but as we all know things add up.
When we purchased the property, Estates and Management were not involved so I assume that explains why nothing was ever brought to our attention until fairly recently.
We will dispute the licenses as I have been digging around on the net and have located a number of very similar cases regarding Estates & Management standard and global licences and it would appear that a number of tribunals have concluded that the fees are unjust. (Just concerned with the costs involved)
Quick question if I was to dispute this will I require a solicitor at a later stage? Annette is right - costs can spiral out of control. I do feel though that I and my wife have constantly had to fight many bureaucratical red tape situations, some with success, unfortunately I think it’s part of life now! But I am starting to think too much is not good for our health!
I am wondering that because we have not yet paid for the licenses they may not be able to backdate them as hardly any work would have been carried out by Estates and Management apart from sending out a total of 3 letters since 2011. However I am sure they will charge for some form of leg work at some over-the top-hourly rate!
Hopefully I can argue that on our lease the freeholder was St George and it would appear now that RQ Blocks E&F Ltd are now the freeholder, Surely a new lease would have had to have been drawn up? But I suppose they will have an answer for that! Thanks again for your feedback
Lauren Wadey MIRPM, AssocRICS, CIHM
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Sign Up12:51 PM, 21st June 2013, About 12 years ago
"Freehold and their successors" will be probably be written into your lease I'm afraid Rob, but might be able to argue if not.You should have received a statutory notice to advise of the sale/change of ownership but if not.... thats another topic!!
You will only need a solicitor if they dont back down but if it comes to take you can withdraw and settle up if you think its getting ridiculous cost wise.
Lauren WADEY
Annette Stone
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Sign Up13:11 PM, 21st June 2013, About 12 years ago
very important to follow the trail here. When you bought your flat were St. George the freeholders. If so, when the freehold changes were you served Notice. If E and M were not the Agents for St. George then it is likely that the new freeholders have instigated this charge. You need to try and find out if there is a connection between the freeholders and E and M and If Section V Notices were ever served on the lessees which is a legal requirement giving the lessees the opportunity to purchase the freehold BEFORE it can change hands. Also important is when the first ground rent statements were sent out with the name of the new freeholder on them. I think you can only be expected, in the worst case scenario, to pay the license fee to the new freeholder since his ownership of the building began and E and M would have a very hard job convincing anyone that they were collecting funds for the old freeholder for whom they presumably did not manage the block. As I said this is all a bit difficult and you have to be a good detective.
I would send the freeholders a letter setting out why you do not think the fees are reasonable, giving the above dates and suggesting that in the first instance the invoice is amended to show only the dates since e and m began managing. Let them know you are challenging this and that they should not send any final demands or institute any proceedings for breach of lease and see what they say. Your recourse would be to the LVT not the civil court to challenge these fees and there is a good chance that the freeholders would prefer to forfeit the money from you rather than face a blanket verdict from the LVT that what they are doing is wrong as this would cost them very dear. . It's not a perfect solution but it may help you.
Every managing agent will have a different way of approaching issues like this and some are very ruthless. It just depends on what sort of a fight you are up for.
As I said much of this depends on whether the licence fee is disproportionate to the rent you are getting in terms of whether you want to fight and whether or not you feel you want to try and contact other lessees and perhaps form an rtm. In my experience managing agents that start with these kind of fees charge for everything and I have just helped someone who was asked for £1,200 for a retrospective consent to change their windows. They asked me to intervene and eventually the charges were reduced and then dropped altogether so there is always hope but you have to be up for the fight.
Puzzler
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Sign Up12:37 PM, 22nd June 2013, About 12 years ago
You say you pay a letting agent for full management but this is not the same thing. Your agent manages your property only. This charge is being levied by the block management which is appointed by the freeholder to mange the communal and freehold aspects.
mike wilson
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Sign Up12:45 PM, 22nd June 2013, About 12 years ago
Being based in Scotland I frankly am amazed at the leasehold system in England. There is little leasehold property in Scotland for obvious reasons. However having just bought a leashold property in England and negotiated the right to develop at the same time I can highly recommend the governments advisory service:
http://www.lease-advice.org/
Loads of advice - freely available.
Also advice on how to get rid of greedy freeholders/management companies.
Also advice on what is reasonable.
Frankly what is the actual 'cost' of registering a sub-lease? £5
And of course you can take them to a tribunal ....
Most important lesson. Know what you are buying, know your rights. Then you don't get ripped off.
Ian Simpson
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Sign Up14:35 PM, 22nd June 2013, About 12 years ago
I have had similar dealings with a company called SIMARC. I bought two flats from a block of ten off plan in 2004. The builders then offered the freehold to all the leaseholders a year later but due to general dis-organisation, it never got bought by the leaseholders in the time period required (I spent a lot of time and effort unsuccessfully whipping up support amongst the other six leaseholders) - SIMARC then purchased all ten freeholds for £13,000. They then started sending regular letters asking for the "reasonable" sum of £100 to serve notice of subletting upon the Freeholder : GR Portfolios Ltd , which has the same address as Simarc, so is likely the same company, or same owners at any rate. My solicitor advised me that a reasonable fee for this work would be no more than £15.00 as all it involved was some photocopying. I thus sent copies of sub leases by registered post to the freeholder myself as that is considered service, and heard nothing more for five years. They perhaps got a new account manager, who is looking for a (moderated), and the letters have started again... I will have to serve notice yet again, which seems silly.
I thought the IFA and other related organisations were supposed to stop this sort of thing?
I had another go at getting a residents association together to purchase the freehold and self-manage, but met with apathy, short-termism and resistance, so had to give up. SIMARC wanted £25,000 for the freeholds in 2011 when I made the last attempt... Now we have just had our managing agents, AUstin Rees, who did a reasonable job, to move to PBM _ Premier Block management. We have not had a bill yet but I suspect it will be substantially higher than the previous lot, despite there being a surplus in the accounts for last year of some £2900. I suppose I shall have to try yet again to get the freeholds purchased of the (moderated) ... But by this stage they will probably be £40,000 !!
Currnetly all gone quiet, but I suspect they are not far away!!
Kev Brooke-stowe
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Sign Up18:49 PM, 22nd June 2013, About 12 years ago
Rob,
Ref all leasees. I am in a constant dispute with my leaseholder company and have been for 15 years. I asked my solicitor recently if I went to court to fight them, could I get his costs for a defence to their action which has absolutely no chance of success. I was informed that if I go to the small claims court niether applicant can get costs irrespective of the rusult of the case. So I represented myself and won the case.
It shows me that if you can force the case into the small claims court you are pretty safe whatever the outcome.
Thanks for the post.
Kev
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Sign Up9:03 AM, 23rd June 2013, About 12 years ago
It is a (moderated), we had this recently, we consulted our solicitor who read the lease and confirmed that there is an exemption for rental agreements of no more tan 12 months, read the original lease, do not pay.