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 Woodhead
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Sign Up12:39 PM, 23rd December 2014, About 10 years ago
If neither yourself or the Agent are aware of the change in circumstances they cannot pursue you. Local Authority issue a notice to Agent/Landlord when there is a change in circumstances and you should have received one for the £40 reduction.
Now as you are aware of the "change" you must notify Council immediately but this will put his claim into suspense until resolved. If he cannot afford rent with changes best to look for another Tenant.
Kulasmiley
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Sign Up13:52 PM, 23rd December 2014, About 10 years ago
Marco, please be careful here. I did inform the council once, then the hb dept suspended the whole claim and I didn't get paid for 6 weeks. Turns out the kids were abroad for 2 weeks.
YOU should write (not phone or text) to the tenant first asking if the kids are ok, are they still with him? Wait for the reply. Once you have been made aware it is your duty to tell the hb dept at council, once again in writing.
ALSO at my request I asked HB dept to visit, they did, all worked out fine. IT SHOWS to HB Dept that you are a good landlord and they will trust you if another tenant does the same thing, etc.
Simon M
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Sign Up14:26 PM, 23rd December 2014, About 10 years ago
The tenant was receiving 'public' money to ensure his children had somewhere to live - and this is paid direct to his landlord to ensure the money is used for that purpose. If the children are permanently no longer resident the taxpayer shouldn't be expected to pay more than necessary. The tenant is required by law to notify the Council, and the Council is also required by law to reclaim the amount overpaid, When told of a Change in Circumstances, Councils can suspend all HB until the tenant confirms.
The £40 reduction could be because the children moved out - in which case, there's no problem - assuming the tenant makes up the extra £40 (or your accept a lower rent?) Another explanation would be if the tenant is earning more than before(?)
The longer the tenant receives more than he's entitled, the larger the amount the Council will need to recover. If there's a delay, many Councils will usually reduce the HB to recover the overpayment, so the tenant would need to make up the difference. If it can't do this, then I'm pretty sure the Council can and will ask you to repay - particularly if you might be expected to know about the change. After all, if the children have moved out, the tenant is defrauding both the taxpayer and - indirectly - you. If the tenant is receiving more benefit than he's entitled, then it's better sorted out straightaway as the overpayment will get bigger. Don't put your head in the sand. I would ask the tenant about why the HB was reduced.
Robert M
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Sign Up22:59 PM, 23rd December 2014, About 10 years ago
Perhaps contrary to what others are advising, yes you can be held responsible for the tenant's change in circumstances and any consequential HB overpayment, BUT only if it is reasonable for you to have known about the change of circumstances, and you failed to inform the HB dept. In the circumstances you describe, you are aware of the possible change in circumstances (you've already stated this suspicion), so if you do not inform the Council's HB dept then yes they can ask you to repay any overpaid HB that you may have received.
I completely agree that it is unfair, and unreasonable, for you to have to keep track of your tenant's circumstances and declare changes (suspected or known)) to HB Dept, but the HB regime is not fair or reasonable, and there is very little protection for landlords. You can find that the HB paid to you is reduced due to HB overpayments many years ago before they were even your tenant (ongoing HB clawback), how unfair is that? but from the point of view of the Council, it is not your rent that is reduced, only the proportion of it that is paid by HB and the tenant is supposed to make up the difference (ha, ha, ha, ..... fat chance of that!!!?). These are just a couple of the many reasons why most landlords do not accept tenants on HB/LHA.
I would suggest that you try to find out why there was a reduction in his HB entitlement, and also immediately serve a s21 Notice (and s8 Notice if applicable) on the tenant as a precaution because if he is not entitled to full HB due to under occupancy (children no longer residing with him) then you stand to potentially lose lots and lots of money, so you need to protect your position as best you can by cutting your losses. - Of course, if tenant is making up the difference in rent then you do not have to act on the expiration of the notice periods, they can just sit on his file and can be utilised anytime in the next 12 months (if needed).
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Sign Up23:22 PM, 23rd December 2014, About 10 years ago
Thank you for all your responses guys I appreciate that very much as they have been very helpful.
We have already issued a section 8 as well as a 21 notice. We are due to commence court proceedings under section 8 as his rent has been arrears for a few months now. Can't wait to get this low life out of my house. We made an incredibly stupid mistake of letting someone like this tenant move into our house when we knew about his current situation. Rooky mistake by a new landlord. Never again will I get a HB/LHA.
I also found this article posted by another member of this forum in regards to overpayments.
http://news.rla.org.uk/housing-benefit-lha-overpayments-stop-council-recovery-abuse/
Robert M
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Sign Up23:49 PM, 23rd December 2014, About 10 years ago
Reply to the comment left by "Marco Brandon" at "23/12/2014 - 23:22":
Bill Irving is the expert in challenging HB overpayments, so if the worst comes to the worst and the council do try to recover the overpayment from you, then seek Bill's assistance.
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Sign Up15:25 PM, 28th December 2014, About 10 years ago
Bill is an expert in this field, but I would give a word of warning if you suppose that what Bill wrote in the article would always protect the landlord from recovery of an overpayment. And having read Bill's article I can see that is not what he is saying either.
Point 1: Housing Benefit is not a payment of rent. The Council does not have a contractual arrangement with the Landlord. It is a payment of benefit, which may be paid on the claimant's behalf directly to the landlord to off-set the rent. But when paid it is still not a contract between the Council and the Landlord. The Council is merely redirecting the monies on behalf of the claimant.
Point 2: If the claimant is paid more Housing Benefit than they are entitled to then the Council should recovery the monies. It is public funds and Councils are duty bound by law to protect the public purse. However, Bill is right that Councils do receive 40% subsidy but this is not to allow them to take a pragmatic view of writing off the debt or some of it. It is an incentive to recover -- the money is to cover recovery costs. remember HB is not the Council's money it belongs to the DWP. The Councils administer HB on the DWP's behalf. A recent National Audit Office report criticised Councils for not pursuing overpayments more vigorously and they also criticised the DWP for not having in place appropriate incentives to encourage councils to pursue the overpayments.
Point 2: Councils should pursue recovery in the first instance from the tenant, whether they have paid the Landlord directly or not. Landlords should be notified that the money has to be repaid -- either by the tenant or the landlord. But to begin with the tenant should be given the opportunity to appeal the decision that generated the overpayment. Landlords have the right to appeal the decision to recover from them and not the tenant. That is when you would call on Bill.
Point 3: There is no law in England or Wales that allows anyone to profit from another's misfortune. This is more complex but what it means in practice is that there is two tests and both have to be satisfied to recover overpaid HB from a landlord:
1) The benefit has to be paid directly to the landlord
2) The landlord has knowledge of s or could have reasonably known of a change in a tenant's circumstances that could affect the amount of benefit that the claimant was entitled.
The fist test is straightforward. The second test has to be proven on the balance of probabilities. That is a more strenuous test thanis often assumed. However, it is as much about common-sense as it is about anything else. If a tenant has taken up a new job then the landlord would not be expect to necessarily know this fact unless they involved in the job application in some way or they giving the tenant a lift to work every morning. It would much harder for the Council to argue that it is reasonable to recover from the landlord. If it is the case that the tenant has moved out, then the council would have grounds to argue that making sure that the tenant is living in the property is part of the normal management of the estate. If the rent is being covered by HB then the landlord may feel comfortable in not ensuring that the tenant is still resident. That would be the landlord fretting their duties. However, as BIll has demonstrated, it is not uncommon for the tenant to try and fool both the Council and the Landlord about their living arrangements. In which case it is down to the Landlord to demonstrate that they too have been deceived. This is of course where life can become difficult. I have myself presented a number of successful case for local authorities at tribunals where landlords have claimed they not have reasonably known and I have demonstrated that it was reasonable to expect them to have known. However, I would only recover from a landlord when it is impossible to recover from the tenant.
It seems to me in this in this forum the landlord is demonstrating in public suspicion of such a change in circumstance. The question of the forty-pound resection is a bit of red-herring as it could be the result of any change or even a older overpayment being recovered.
At the end it has to be understood that there is a contract between the council and the tenant for the payment of HB. There is a contract between the landlord and the tenant through the tenancy agreement. There is no contract between the Council and the Landlord. Therefore, an overpayment of HB becomes, for the private landlord rent arrears. Which every way you cut it the tenant is liable for it either as an overpayment or as rent arrears. The argument between landlord and the council is about who is going to incur the cost of recovery.
I do take issue with one comment in Bill's article. Private sector landlords are not seen as a soft touch. Landlords, like claimants and council officers come in many different flavours. When there is money to be recovered from the tenant, a few councils will be ruthless in the process of recovering directly from the landlord and may not give due consideration to what they can or cannot do. A few landlords do not tend to their tenancies because direct HB when there are no problem is an assured income and they will use any form of sharp practice to avoid repaying the overpayment. And only a few tenants do not meet their liabilities to either the council or the landlord. Unfortunately the HB system is extremely complex and it easy to unintentionally fall foul of it. Do not expect things to get easier under Universal Credit.
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Sign Up23:16 PM, 29th December 2014, About 10 years ago
Reply to the comment left by "malcolm gardner" at "28/12/2014 - 15:25":
Dear Malcolm Gardner,
Thank you for your detailed comment. I appreciate that Bill isn't necessarily trying to express that the LL can "always" be protected. What gives me comfort though is knowing that I can fight back if necessary. Initially I was under the impression that I would automatically be forced to repay all monies with no right of appeal.
Well, let's just hope it doesn't even get to that stage.
Merry Christmas and a happy new to you all.
Marco