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.
Chris Sheldon
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Sign Up10:10 AM, 27th June 2013, About 11 years ago
Hi Mike,
I'll try to answer your questions as best i can:
With regards to entering the property this is Section 11 of the Landlord & Tenant Act. A landlord must give a tenant not less than 24 hours written notice (which i suggest you obtain a certificate of posting from the post office just in case), please do note that this is only for the purpose of viewing the condition and state of repair. It also has to be at what is considered a reasonable time i would suggest some time from 10am - 8pm as in my eyes this would seem reasonable. The act also grants the tenant the right to refuse you access at any time if it is inconvenient, however the tenant should have a good reason to refuse access, although just for safety if a tenant refuses access it is best just to accept it as it is a judges decision as to what is considered reasonable.
If the tenant continually refuses access without good reason then this is in breach of contract and this is effectively a legal trigger to allow you to serve notice if everything else was in good order.
If the tenant allows you access but is not present at the property i would strongly advise that you are accompanied by a third party.
I would write a notice every time you were to visit the property as the act does not specify the frequency at which the notice applies to and therefore i would consider one notice to be one visit.
If you ring the tenant this is not in accordance with the landlord and tenant act and therefore without fail i would always write and obtain a certificate of posting as proof.
You can serve a section 21 notice to evict a tenant at the end of the fixed term providing the notice is served two months prior to the termination date or if your tenancy is periodic you can give 2 months notice from the term date. If the tenant leaves and handsover the keys then fantastic if not, after the date on the section 21 notice you will have to fill out an N5B and submit it to the courts which providing that all forms are filled out correctly should (although doesn't always) result in the tenant leaving 30 days from the ruling ( i was involved in one case which went on for a year and a half due to the tenant appealing) even though it is a mandatory ruling.
For rent arrears you could always pursue this through the small claims court.
Another route would be a section 8 notice for breach of contract and rent arrears, which would be served on the tenant and then from the date on your notice you can fill the rest of the documentation in online to commence court proceedings.
With regards to legals and rent arrears, a rent guarantee insurance can save you a lot of hassle and limit any financial pain.
I hope this helps a little.
Chris Sheldon
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Sign Up10:22 AM, 27th June 2013, About 11 years ago
As a side note I would actually advise when visiting the property to always take a third party as i have heard some horrific landlord stories over the years.
Mark Alexander - Founder of Property118
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Sign Up14:08 PM, 27th June 2013, About 11 years ago
Hi Chris
Do you know the story about why Paul Routledge set up Landlord Referencing Services?
Well, to cut a long story short he was stabbed in the head 5 times by a tenant under these exact circumstances.
We covered the story in more detail here >>> http://www.property118.com/landlord-stabbed-in-the-head-5-times-by-drug-dealer-takes-action-lrsreferencing/17091/
Brian Godfrey
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Sign Up11:28 AM, 28th June 2013, About 11 years ago
Good afternoon Mike
Section 11 Subsection 6 of the Landlord and Tenant Act 1985 has this to say on the matter:
"In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."
However, because of the tenant's right to quiet occupation, your tenant is entitled to refuse you entry and if you gain access without permission, you may be guilty of harassment (the exception being access to communal areas in an HMO let on an individual room basis). As Chris said, the tenant will be in violation of their tenancy agreement if they repeatedly refuse access without good cause. It's a bit of a legal tennis match, which we recently published a blog about.
With regards to your questions:
1. The notice should be written, at least 24 hours in advance, and it’s advisable to deliver it by recorded post. You should retain a copy of the letter and proof of posting for your own records.
2. Each individual time you gain entry, be it for repairs or an inspection, you need to give 24 hours' notice. The exception to this rule is if there is an emergency, such as a flood or fire, in which case you can enter at will.
3. A phone call alone isn't sufficient, though it is always worth substantiating the written notice with a quick phone call, email or text exchange to make sure the tenant is fully aware of, and happy with, your visit.
4. I'm afraid that you have to give 24 hours' notice irrespective of arrears or any other contractual breaches of which the tenant might be guilty. This includes extreme arrears cases, such as those of several months.
I hope this helps.
Warm regards
Chris Sheldon
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Sign Up12:15 PM, 28th June 2013, About 11 years ago
@Mark - i hadn't heard that story, all the more reason to take a third party with you to view a property.
A question I've sought advise on in the past (which i don't believe to have been the correct advise) is what is the course of action if a tenant does not allow the plumber access to carry out the gas safety certificate.
I was told by one firm that you have to demonstrate that you have contacted the tenant three times, would this stand up in court?
Another firm told me that you would have to seek a warrant from the courts to allow access to carry out a gas safety certificate, which to me seems like quite a lengthy process for something which is a very key point to the safety of the tenant and the property.
I suppose this would lead back to section 11 of the landlord and tenant act whereby if a tenant repeatedly refuses access you serve notice and have to have demonstrated attempts to access the property three times in writing.
I've always managed to get the plumber into the property eventually to carry out the certificate but if the tenant were to refuse access Is the above correct or are there any special circumstances relating to a GSC as it is a safety matter?
I appreciate that if a tenant isn't allowing access they are most likely not an ideal tenant, but it is something i have never received an answer which i am confident in.
Mike
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Sign Up12:20 PM, 28th June 2013, About 11 years ago
Brian, Chris Sheldon and others, thank you for your advice, I really was under the impression that once a tenant breaks the rules, then providing a 24hr notice is no longer an issue.
On the other hand, last year when I took with me a Heating Engineer specialist in Warm Air heating, it was found to our horror that not only had the tenant not notified me of the heating broken down, (rather quite extensively and caused by the tenant's own actions)
The tenant started to use a portable Calor gas appliance which goes against the tenancy rules.
but also blocked with a adhesive tape all permanent vents, to the horror of the heating engineer who almost refused to conduct a safety check and restore the WAU that had suffered a major failure due to a reason I shall explain below.
One of the warm air ducts had been blocked or stuffed with her own jacket, i guess to stop heating one room to save on heating costs, but this resulted in heat building up and resulted in my WAU from plastic panel to melt! (or rather deform badly)
That panel as well as over temperature sensors were replaced as the cause of the overheat was a sensor failure, but later on when the Heating engineer tested the appliance after replacing all crucial parts, only then it was discovered that one of the warm air vents was not blowing warm air out and seemed blocked, so when we took the front grill cover out, there was this great big padded jacket stuffed inside!
That was horrific!
So now if I were to give her 24Hr notice, how do i know for sure that she is not using the calor gas any more plus what i9f she has still blocked the permanent vents for open flue requirements, quite honestly in a case like this where deaths can occur due to negligence of the tenant, I should have the right to make unannounced inspections for her own safety. But i know doing so will only cause me the hardship and nobody would look at the fact I am actually doing her a favour and she has two little boys!
Mark Alexander - Founder of Property118
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Sign Up13:49 PM, 28th June 2013, About 11 years ago
@Chris & Mike
I know how you both feel about this. I once had a tenant who would not allow an engineer in to do a Gas check. I was stuck between a rock and a hard place and ended up serving her notice and I really didn't want to do that as she was otherwise OK. Fortunately she did move out without me having to take her to Court but by that time my Gas Safety certificate was three months out of date. If I had had to go to Court it could so easily have been six months or more! I never did get an explanation as to why she would not let the Gas engineer in. After the second attempt I tried a different Gas engineer, so three failed attempts to gain access in all, just in case she had something against the first one she wasn't telling me. I shudder to think what would have happened if there has been a gas explosion in that property. Would the fact that I could call on two gas engineers as a witnesses to the fact that I had done everything possible have saved me from prosecution?
Mike
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Sign Up17:39 PM, 28th June 2013, About 11 years ago
Thanks for your comments Mark, and because being a person of responsibility, I rightfully informed my Lettings Agents and when they saw me in a sinking ship, they simply abandoned me when I most needed their spport.
They abandoned me because I reported to them how the tenant they chose for me, ended up not paying me rent and started to use lethal portable gas heating, and never reported to them or to me that my Warm Air Unit had overheated and its front panel cover had deformed beyond recognition!
It was almost like they sabotaged the heating so that I am forced to replace it with brand new wet radiator heating because she had always wanted a wet system, but she had a choice, if she did not like my place she could have got out and rented another, whilst I am a landlord, I don't grow money in fields.
Ian Simpson
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Sign Up7:26 AM, 6th August 2015, About 9 years ago
Hi
I have tenants complaining that I have not given them notice for entry to the common areas of their HMO - ( for cleaning, and also for repairs to an oven ) - please can somebody supply me with the exact reference to the relevant section of the Housing ACt which states this .... It is mentioned above, but not referenced, and this is what I will need please, and as soon as possible too please!!
MAny thanks
IAn
Romain Garcin
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Sign Up9:44 AM, 6th August 2015, About 9 years ago
When the landlord wants to, or tries to enter the property pursuant to a right of access I don't see how the tenant is entitled to refuse.
It is established that such access does not breach quiet enjoyment.
However, it may leave the landlord open to all sorts of allegations and councils will probably quickly side with the tenant so it may be unwise to strictly enforce the right of access without the tenant's cooperation.
Regarding s.11, I don't see that it entitles the tenant to refuse access.