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.
Graham Bowcock
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Sign Up11:27 AM, 25th November 2021, About 3 years ago
It's a HMO. The fact there's only one AST is not relevant.
If sh'e in residence but not a tenant I suggest you get to a property lawyer pdq.
Tessa Shepperson
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Sign Up11:40 AM, 25th November 2021, About 3 years ago
Graham is totally correct. Four tenants on an AST IS an HMO. Although probably not licensable.
You should get advice asap - if you accept rent from this person after the tenants have vacated you may inadvertently create a new tenancy with her.
We have a fixed fee telephone advice service with a solicitor here: https://landlordlaw.co.uk/openaccess_content/the-landlord-law-telephone-advice-service/
Alistair Cooper
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Sign Up11:42 AM, 25th November 2021, About 3 years ago
Did your new (silent) tenant sign any paperwork when she moved in ? A Deed of Assignment would have been sufficient to bind her to the terms of the existing AST?
If her rent in up to date and you have served notice (presumably a section 21 if rent is up to date) all you can do is proceed to apply for a Possession Order in the County Court. However the burden of evidence non fault possession is much stricter than for Section 8 (arrears) cases so you will need to provide strong documentary evidence.
Whichever route you take the process is very slow so better if you can to persist in trying to communicate and negotiate with her to leave amicably
DPT
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Sign Up18:06 PM, 25th November 2021, About 3 years ago
It may be a licensable HMO if your local authority has an Additional Licensing scheme in that area. Check their website.
If you did not deal properly with one tenant replacing another, eg deed of assignment as suggested above, then you may now have a problem.
If a tenant holds over after the other tenants leave, then the tenancy continues and the full rent is still payable, (not her portion), however, she may have wriggle room if she's not a named tenant. As above, get proper advice.
Yvonne Francis
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Sign Up12:23 PM, 27th November 2021, About 3 years ago
As you have accepted rent and presumably not objected then this person, for all intent and purposes, is a tenant. If it's a shared tenancy I assume it's Jointly and Severally liable so when the rent is due, and if you have no vacant possession, you could demand the rent from all of them, or one individual, even the ones that have left, if you have their contact details. You could bill the one in there for the whole rent. I think in all of these cases they would quickly ensure vacant possession. You certainly need legal advice, as these days it seems so easy for tenants to get away with nonpayment for a considerable time.
Kate Mellor
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Sign Up13:58 PM, 27th November 2021, About 3 years ago
First, it is an HMO, so you will need to determine if it should have been licenced. That will impact your position severely if it IS licensable.
Second, assuming you aren’t required to have a license, the uncooperative replacement tenant has likely become a tenant through your acceptance of rent from her, so is a joint tent. You rightly state that on the giving of written notice, in the form set out in your tenancy agreement, by any one of the joint tenants, the tenancy ends FOR ALL tenants. This is just about the only instance where a tenancy is lawfully ended even when a tenant hasn’t left the property. Any tenant remaining is holding over and by tenancy law can be liable for double rent of the whole tenancy (not just a portion), (unless unusually your tenancy allocates a portion of the rent to each individual tenant). I need to look up the specifics, but I’m out & about just now. Strictly each joint tenant is jointly and severally liable as vacant possession hasn’t been given, but it is your choice who you demand the rent from. I would firstly write to all joint tenants setting out their legal position from the date that the notice period has ended. It is highly likely that they are unaware of the potential downside and the vast difference between holding over after a landlord has given them notice and after they themselves have given the landlord notice. Ensure you quote the specific regulations so that they can easily verify this with legal aide or Shelter should they choose to do so. I suspect this will change the attitude of the reluctant tenant.
Lastly if all else fails I hope you have the notice in writing and can show it was validly given because you will need to apply to the court for authority to instruct the bailiffs. I’ve never had to do this, so I can’t advise on specifics. Usually a clearer understanding of their legal position is enough.
Kate Mellor
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Sign Up16:54 PM, 27th November 2021, About 3 years ago
Okay, I've now had time to look it up and it's Section 18 of the Distress for Rent Act 1737. "This provides that where the tenant refuses to deliver up possession at the time stipulated in the tenant's notice, the tenant must pay the landlord double the passing rent and such double rent must continue to be paid while the tenant remains in occupation." (quote from https://www.druces.com/doubling-your-rent-how-to-maximise-returns-when-tenants-hold-over-wrongfully/) I believe you must notify the tenants in writing of their obligations regarding the double rent first. You can then claim for this during your application for possession of your property.
Druces further states that "Landlords should ensure that recovery of double value or double rent...goes hand in hand with the process of obtaining vacant possession of the premises. If the tenant remains in possession of the premises following expiry of the tenancy and the landlord accepts rent from the tenant in respect of the tenant's occupation without taking steps to obtain vacant possession, a new periodic tenancy could be created, entitling the tenant to remain in occupation of the premises on the terms of the new periodic tenancy and, potentially, subject to the security of tenure provisions of the Landlord and Tenant Act 1954"
IF however, it turns out that you should have obtained an HMO licence, then I'm afraid I can't advise you as I've never had an HMO. The above still theoretically applies, however due to the possible penalties you may be liable to, you may choose to handle the situation differently as, should it ever reach court, or the tenant obtains legal advice, you may find yourself in a world of financial pain.
Alistair Cooper
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Sign Up18:22 PM, 27th November 2021, About 3 years ago
As rent has been accepted from the new tenant it could be argued that a prima facie tenancy has been created but if no deed of assignment was drafted and signed this new tenant would not become a party to the original multi party tenancy
There may be the existence of a new 2 party tenancy between the landlord and that particular tenant only
If the notice was served severally it would thus not be valid on that new tenant (as he/she would not be party to the original tenancy unless that Deed was drafted and agreed by the remaining parties )
In such a case a new single notice would need to be served and in the absence of a written tenancy agreement possession could not be perused on S21 grounds
The lack of a license does not proclude possession on other grounds (ie arrears but there are none in this case) or the desire to sell the property etc. but full possession via a hearing would need to be sought, which in the current circumstances will be very slow
Tessa Shepperson
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Sign Up18:36 PM, 27th November 2021, About 3 years ago
I am sceptical about whether an existing tenancy can be amended (presumably by way of re-grant as in the case of Sturgiss & Anor v Boddy & Ors https://landlordlawblog.co.uk/2021/07/22/tenancy-deposits-for-rented-properties-with-disorganised-comings-and-goings/) by accepting rent from another occupier to add a new tenant - particularly as many tenancy agreements have clauses saying that if rent is accepted from someone other than the tenants this is deemed to be paid as their agent.
alanb
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Sign Up12:41 PM, 28th November 2021, About 3 years ago
Re the reference to Section 18 of the Distress for Rent Act 1737, Note that this is for the situation where the Tenant gives notice to the Landlord (not the other way round) and the Notice is accepted by the Landlord then the tenant doesn't vacate.