Privacy Policy
BACKGROUND:
Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website,
www.property118.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and |
“We/Us/Our” |
Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. |
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at npatterson@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may restrict Our use of Cookies. For more information, see section 13.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
Name of Cookie |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
Name of Cookie |
First / Third Party |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Neil Patterson
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Sign Up11:15 AM, 26th April 2016, About 9 years ago
Hi Marinus,
What ever happens you will need a new front door, but I am guessing the tenant has used all their deposit and you don't want to risk the same thing happening again.
This is a tricky one and I am hoping others can help here.
I am not a professional in tenant eviction and sound like you are going to have issues so you may like to see our tenant eviction page and ask for help. see >> http://www.property118.com/tenant-eviction-2/
Andrea Collins
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Sign Up12:05 PM, 26th April 2016, About 9 years ago
I would advise joining LandlordReferencing.co.uk, where you can register this tenants default and damages on their legal 'bad tenant' list.
Please have a look, it's a great system that all landlords should join to protect one another:
http://www.landlordreferencing.co.uk/join/
Anthony Endsor
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Sign Up13:20 PM, 26th April 2016, About 9 years ago
Hmmm... tricky one to say the least.
Reading your situation, I'll tell you what my gut feeling is telling me.
For eviction, you can have either a section 21 or a section 8. Now you have issued a section 21. This however, is a no fault eviction notice, meaning you are telling the tenant 'you've done nothing wrong, but I need my property back.' This being the case, the rent arrears, property damage and any tenant behaviour become irrelevant, meaning if the property is not in good order a judge would not grant the eviction, as you would have failed in your duties as a landlord, the front door being the obvious case here.
For a section 8 though, this involves grounds. This is where you can claim for damage to the property, tenants' behaviour, rent arrears or any other issue, and with your case I would think a judge would have to take you very seriously.
So you may have to consider issuing a section 8 on those grounds. This should mean however, you can bring it to court within 2 or 3 weeks as it only gives 14 days notice.
Man on Stilts
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Sign Up13:40 PM, 26th April 2016, About 9 years ago
Reply to the comment left by "Neil Patterson" at "26/04/2016 - 11:15":
Hi Neil,
Thanks for your response.
The damage caused to date sits at approx. £10,000. The deposit held is approx. £1,700. This is partly why I'm in no rush to provide a new front door.
I do not want, and simply cannot afford, for the section 21 to be jeopardised. I need to get this tenant out of my property. He clearly has psychological issues, which is another thing that scares me, as the judge might see him as being vulnerable and allow him to stay on at the property following the expiry of the Section 21. On top of all this, he has now stopped paying rent - very painful......
Alison Walker
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Sign Up14:42 PM, 26th April 2016, About 9 years ago
We've not had to issue a Section 8 notice for a number of years now but in the past we used to issue the S8 shortly before the S21 was due to expire with the S8 expiring on the same date as the S21. This may help in your current situation especially if the tenant tries to challenge the S21.
I would definitely recommend you take legal advice as it may save you in the long run. Please note that what we used to do may no longer be relevant.
Good luck.
David Griffith
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Sign Up14:45 PM, 26th April 2016, About 9 years ago
S8 notices can be defended by counter claims of disrepair, S21 notices can not which is why many people avoid using S8 if possible. Make sure your S21 is valid (dates, proof of service etc) and all the deposit regulations complied with as many fail on these points.
The front door is your responsibility to repair. You may be able to later make a claim against the tenant but it is one of your repairing liabilities. Further if this is the only reason the tenant is not paying rent and you may be many months away from getting your property back it will make financial sense.
Dr Rosalind Beck
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Sign Up15:55 PM, 26th April 2016, About 9 years ago
I have been in a similar position with a tenant who was due to be evicted and smashed a window - a replacement cost around £200 and my logic was that I could replace it every day and it could be smashed again every day - amounting to thousands by the time the woman had gone. I think she complained to the council, but we just said it would remain boarded up (which we had to pay for) until she had left. I would ask a lawyer what they think about this argument - it would be stupid for the judge not to understand this and as you say the tenant has access and it was because of their actions that the door was broken. It is beyond a joke how we are made responsible for our tenants' behaviour and have to stomach massive losses and then still be expected to keep repairing in order that they have a perfect environment for which they are not paying.
Robert M
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Sign Up15:57 PM, 26th April 2016, About 9 years ago
I would advise that you get a new door put on immediately so as to protect yourself from legal action against you.
Then, ensure that the s21 you served is valid (as there have been many changes to this recently), and also check that it was served properly (and you can prove it). Also ensure that you have complied with all other requirements, e.g. deposit protection, gas certificates, EPC, etc, otherwise your s21 may be invalid.
Send letters to the tenant about his anti-social behaviour and damage done to property each and every time he breaches those terms of his tenancy, and always keep a copy of any letter sent to him.
Always get a certificate of postage so that you can prove that the letters and notices were served. (If delivering by hand, always take a witness with you and get them to sign a document confirming that they saw you hand deliver the letter/notice to the tenant).
Take photos of all damage, as and when it is seen, but of course do not breach the tenant's right to "peaceful enjoyment" of his home, i.e. do not enter without his permission.
Serve a s8 Notice on the tenant, citing the relevant grounds, (for rent arrears this is usually grounds 8, 10 & 11). A new s8 Notice has been issued and MUST be used for all s8 notices dated after 1st April 2016, so make sure you use the most up to date version.
If you are unsure about doing any of this, then get professional legal help.
Also, you need to realise that the expiry of the s21 Notice (or expiry of the s8 Notice) is only the date you can then issue court proceedings, and the process of actually going to court and evicting the tenant could take many more months, (during which time the tenant may possibly continue to cause damage and not pay the rent, and the law does not allow you to take any action to prevent this).
If, at the end of the eviction process you are not bankrupt, or had a mental breakdown, you may be able to try to recover the debt from the tenant if he has any seizable assets or regular income. If he has no assets or regular employment, then there is very little chance of recovering any of the debt owed to you.
If you wish to keep the property and let it out again, then I would suggest looking into either a "rent to rent" leasing scheme run by a reputable housing association (like mine) or a local authority, OR seeing if you can get some rent guarantee insurance that would provide you with that much cover should this situation ever occur in the future.
Gary Dully
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Sign Up1:26 AM, 27th April 2016, About 9 years ago
Fancy getting serious? - try this
Issue a section 8 notice on grounds 8,10,11, 12 and 13.
Does this idiot have a guarantor?- if so attack that route also.
This guy knows the system and you are going to have a long wait.
Fix the door and invoice him for it.
(Charge him about £1429)
Change the lock and invoice him for it.( charge him £374)
Is he on benefits? - if so ask for direct payment from the council and for them to suspend his payments until a decision is made (as he is funding a suspected drug habit). ( cut off his money supply)
Send a copy of his section 8 notice as evidence he can't manage his own affairs.
Does your tenancy agreement not allow you to charge for breakages by the Police forcing entry? - my agreements do, if it's a result of the tenants actions.
If so bill him for any charges for call out.
Does your tenancy allow a fee for issuing a section 8 notice? - if so invoice him.
Does your agreement allow a nominal sum for extra admin for reminder letters Etc? - if so invoice him.
As his outstanding arrears rocket - then suggest a compromise
Offer him say £150 towards his 'moving expenses' if he wants to consider surrendering his tenancy and writing off what he owes before the section 8 expires. (Don't offer it in writing).
If he accepts, draw up a surrender document and get him to sign it before his moving expenses are handed over and you have his keys in your hand.
Make sure there is none of his belongings left suggesting he intends to come back.
It has worked for me in the past, but it grinds your gears having to do it.
If he proves disrepair your eviction chances are nil and you can be sued for harassment.
Gary Dully
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Sign Up1:34 AM, 27th April 2016, About 9 years ago
Also Grounds 14 should apply on the section 8 notice ( check with a legal boffin)