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 Up10:25 AM, 4th August 2020, About 4 years ago
Hi Frederick
There are several issues here.
If the occupier is a family unit then you're not necessarily straying into HMO territory - it's no different than, say a family with 4 or 5 children moving into a house.
It will almost certainly not be a licence to occupy if the tenants are to have exclusive possession. If you intend to give the occupiers exclusive possession then it will be an AST. Licences rarely exist so tread very carefully arouind this area. It doesn't matter if the tenants are related to the landlord. Avoid a sham agreement (e.g. saying the landlord can have access when they wich, when in reality it's never going to happen).
I can't answer the point about income tax, but do belive that CGT would be payable.
Families falling out are almost worse than where the parties are not related. Far more acrimonious and unless property documented often even less understanding than on a commercial basis (relationships seeming to trump waht was agreed!). Keeps me busy as an Expert witness!
If you set up the deal then you will need to jump throught all of the usual compliance hoops (EPC, gas check, How to Rent guide, etc.)
Blodwyn
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Sign Up10:47 AM, 4th August 2020, About 4 years ago
I was told as a young Solicitor many years ago never to act for friends or family, you never get thanked and it's your fault if anything goes wrong. Wise advice that I tried to follow and commend to you. When it comes to money and property (money's worth), keep it at arm's length.
Mick Roberts
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Sign Up11:06 AM, 4th August 2020, About 4 years ago
Nottingham Licensing allow u to not have a License if family member lives in it. About the only thing Licensing has gave us EVER.
And yes, as Graham says with EPC etc.) I say too, gone are the days when family & mates ask me for cheap rent now. Years ago, I could have gave 'em keys & said Leave it with u. I've not got many outgoings, so I'll look after u.
Now we could go prison if I don't inspect & you've took smoke alarm down. I've got to go on Landlord training courses, we have all these extra costs we din't have years ago.
Frederick Morrow-Ahmed
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Sign Up12:33 PM, 4th August 2020, About 4 years ago
Reply to the comment left by Graham Bowcock at 04/08/2020 - 10:25
Hi Graham,
Thank you for your response.
I am having a little difficulty getting my head around what you have written. If a father allows his adult son or daughter or an aunt her nephew or niece to stay in the property, I was under the impression it was a licence. Hence would not need EPC, gas check, How to Rent guide, etc. There is no rent paid, no financial consideration, so how can an AST apply?
But regardless, the important question is if the area subsequently has selective licensing applied to it, will the property need to be licensed?
I am sure CGT will apply to the property but if no rent is received then I would have thought no income tax is payable by the father, aunt, owner of the property.
It will be different if the son, daughter, nephew, niece then decide to take in one or maximum two lodgers. They will have to account for this with HMRC on their own tax returns. Also, in this case, will they be considered as resident landlord with the lodger their licensee? In this scenario, they will need to get gas check and Right to Rent check but no EPC or How to Rent guide as they are resident landlords, and also no HMO (max 2 lodgers). Note, only one son, daughter, nephew or niece, not many! This is my understanding but please correct me if I am wrong.
Janet Carnochan
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Sign Up12:38 PM, 4th August 2020, About 4 years ago
On a bit of a tangent, but to say that I agree with Mick's post. I once rented out a house to relatives rent free. They were in it around 20 years. In that time the house required a new kitchen, roof repairs, new windows and doors. Also a new garden fence. All that is a lot of money to find when you have no income from the property. Also at some points they moved in younger family members and I had to get legal advise on what their rights were once the older generation were gone. It caused ill feeling that I was going out to work every day while some younger members were lying in bed until 3pm while I paid for them to have a roof over their head. There were a few rough moments relationship wise. Tread very gently and personally I would never do it again. Also when I got the property back it cost me thousands more to get it back to a rentable standard ( new bathroom, new carpets throughout and internal decoration throughout ). Family members also have no boundaries when it comes to asking for things and you might find it harder to say no to them than a tenant.
Chris Bradley
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Sign Up12:57 PM, 4th August 2020, About 4 years ago
I did read somewhere a few years back that hmrc, for income purposes can assume you are receiving market rent, and you have to prove otheriwse. It was on a case where parent had gifted house to child but remained in house for £1per year, hmrc said either gift with reservation so counted for IHT and care assessments or child needs to pay income tax on market rent even though were recieving £1 rent only.
Graham Bowcock
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Sign Up13:12 PM, 4th August 2020, About 4 years ago
Reply to the comment left by Frederick Morrow-Ahmed at 04/08/2020 - 12:33
Hi Frederick,
There is a bit of confusion in your response and a bit of muddling of the issues. You need to take a step back ande al with the issue individually.
Firstly, forget that the landlord is related to the tenant. If the landlord lets the house it will NOT be on a licence (assuming that they are not lodgers in the landlord's own home). If you are granignt exclusign possession it will be a tenancy. It is true that there is a minimum rent for it to be an AST (£250 per year outside of London). However, I am not convinced with all the current compliance that you should look at doing anything other than an AST. If you do - get the documents drafted by a lawyer. Otherwise the easy route is an AST with a rent charged. Keep it simple.
As for HMO - you need to look at what licensing gets introduced locally, but if it's a single family unit occupying then it is not a HMO under general guidance.
If the landlord receives no money then I'd agree, no income tax, but alwasy worth just checking with your accountant to make sure this is correct. If the family members are employed by the landlord, there may be benefits in kind issues.
If the tenants take in lodgers, then that's a matter for them - provided the tenancy agreements permits them to do so.
I have from time to time advised families on occupation of houses by relatives and always advise to set the tenancy up properly, with a rent payable (even if it's a bit of a discount).
Jo Westlake
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Sign Up22:26 PM, 4th August 2020, About 4 years ago
Why would you let someone live there for nothing? Houses cost money. Insurance, maintenance, etc.
It is perfectly legitimate to rent to family members as long as you haven't got a BTL mortgage on the property. If you have got a BTL mortgage family members can't live there anyway.
If they are on a low income they can claim Housing Benefit as long as you don't live in the property with them and it isn't a contrived tenancy (they pay the same every month regardless of income).
I have let houses to two of my children on proper ASTs with no problems whatsoever. They get a secure home in a location that suits them at below market rent. Apart from the below market rent bit I treat them exactly the same as any other tenant. All the proper paperwork and safety checks, repairs when needed, etc.
They know they have a good deal without feeling like they're sponging. I'm more than covering my costs and have an appreciating asset. We're all happy with the arrangement. Even the tax office get their slice.
Bill
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Sign Up8:02 AM, 8th August 2020, About 4 years ago
Never ever let to relatives or let them use your home rent free for that matter. It always goes bellies up.
SimonP SimonP
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Sign Up8:12 AM, 8th August 2020, About 4 years ago
Income tax: renting out a property at less than market value means that expenses claimed are limited to the amount of rent received. In other words, nil profit/nil loss. In this instance since there is no rent charged then no expenses can be claimed.
CGT: is only chargeable upon disposal of the property. Nothing to do here until the property is sold.
When you mentioned that the landlord is not living on the property, that only affects the Rent-A-Room Scheme (income Tax). Nothing at all to do with CGT.
Incidentally, should you have a BTL mortgage, the terms will normally exclude family members from living in the property.