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.
Matchmade
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Sign Up17:55 PM, 28th August 2012, About 12 years ago
I agree with Mark this area is a minefield and as I know from personal experience, HMRC are now really attacking people who move from house to house in order to establish a PPR and avoid CGT. I am currently being investigated by HMRC for a property I renovated and moved into for six months before selling in 2006; the HMRC officer is saying that although I clearly moved into the property, had nowhere else to live, had all my furniture and bills there, etc as Mark advises, this is still not enough: he simply does not believe I intended to live there "permanently", so is trying to charge me CGT.
In other words, it is perfectly possible in his view to be living in a house and for it *not* to be one's principal private residence, because he believes I lacked sufficient intention to remain there.
I would advise any landlord to insure themselves against a tax investigation as it is extremely expensive to employ an accountant for such cases: the requests for more information from HMRC just go on and on - they are utterly relentless and feel licensed to state what your intentions were in moving into a property (naturally in their favour), irrespective of how much factual evidence of occupation you provide.
Neil Barlow
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Sign Up18:05 PM, 28th August 2012, About 12 years ago
Hi Mark,
Bronya is on holiday this week so I thought I would respond in her absence.
The basic Capital Gains Tax treatment on the disposal of a main residence is that any gain is
subject to Principal Private Residence Relief and therefore exempt from CGT providing the property has been the only or main residence throughout the entire period of ownership. This is subject to various provisions to cover situations such as periods of absence, owning two or more residences and garden or grounds which exceed half a hectare (approximately 1 acre).
Providing a property has qualified as the only or main residence at some time during the ownership period, then the last three years of ownership always count as a period of
residence.
In addition a Residential Letting Relief is available in respect of a property which has been
let but which has also been the only or main residence at some time during the ownership period. This relief is the lower of £40,000 and an amount equal to Principal Private Residence Relief due.
These reliefs are time apportioned over the entire ownership period. For example, say a
jointly owned property had been owned for 10 years and is sold making a gain of £100,000. The property had also been the only or main residence of the joint owners for the last 12 months of ownership. The capital gains tax computation would comprise the following:
Gain £100,000
Private Residence Relief (3 years out of 10) -£30,000
Residential Letting Relief (lower of £40,000 and Private Principal Residence Relief) -£30,000
Capital Gain after reliefs £40,000
Less 2 capital gains annual exemptions provided not already used -£21,200
Chargeable capital gain £18,800 (taxable at either 18% or 28%)
To qualify for Principal Private Residence Relief the property must be occupied as the only or
main residence and it may be necessary to prove this to H M Revenue and Customs. HMRC do not give any guidance but ensuring you are on the electoral role, registering for council tax and registering with the local doctors surgery will all help your case.
If two or more properties are available to use as the main residence, an HMRC election may be
necessary and there are strict time limits in which this must be done.
I hope this helps.
With kind regards,
Neil Barlow FCCA ATT
Mark Alexander - Founder of Property118
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Sign Up23:23 PM, 28th August 2012, About 12 years ago
Thanks for your excellent response Neil which I have posted for you.
NOTE FOR READERS - Neil and Bronya are my accountants. Based on the profits my parents have made, Neil's explanation now explains perfectly to me why they have paid no tax on their disposals. If they had purchased properties which had made a lot more money though I can see that they would have paid tax.
Therefore, I'm pleased to say that I gave the correct answer to Cissie, which was if course, "it depends"
c Z
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Sign Up7:09 AM, 29th August 2012, About 12 years ago
Thanks to mark, Neil and Tony. All your comments are very helpful! Really appreciated!
Cissie
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Sign Up12:25 PM, 29th August 2012, About 12 years ago
Perhaps everytime you move in to a PPR you should send copies of all id etc showing your address details.
How do you prove intent to remain in a property?
How do HMRC prove that you did not intend to remain in the property?
There is no period that a PPR has to be lived in or that is stated to be your PPR before you may sell it.
Do HMRC have a crystal ball to help LL ascertain how long they will remain at their stated PPR before they sell up, so that they can then inform HMRC!!
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Sign Up14:32 PM, 29th August 2012, About 12 years ago
My wife inherited her father's house. She now lets it out.
She lived there as a child. Does she qualify for relief on that basis?
Neil Barlow FCCA ATT
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Sign Up16:33 PM, 29th August 2012, About 12 years ago
Hi Mike,
Unfortunately,
PPR Relief is only available for a period you own a property. Your wife will not be able to claim the relief unless she has occupied the
property as her only or main residence since she inherited it.
Recardo
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Sign Up16:28 PM, 30th August 2012, About 12 years ago
Hi Talk about confusing, I lived in a large 4 bed semi for 15 years. I lent the kids some wings and thet flew the nest. We (the wife) decided to down size and turn the property into a BTL with another mortgage. According to the Accountant (although I have not realy gone into it) if I lived there for 15 years then as a buy to let for 5 years, I have owned the property for 20 years. If i sell I then have to pay 5/20ths of the profit from the sale.
If my maths are right lets say I brought for 100,000 sold for 400,000 profit ( worth that 3 yrs ago) =300k
300k divide by 20 = 15k per year X 5 years (rental time) = £75k
If capital gains =20% 75k x 20% = £15000 due for tax
My property is in joint names and we are allowed £10k each allowance on CGT so no tax to pay.
If we then move back in for 3 years, total time owning the property is then 23yrs sell for 300k profit divide by 23 X 5 (years rented) = 65K. still no tax to pay.
Please take advice on this as it was the right thing for me to do at the time and I felt there would be no CGT to pay. I'm paying the tax on the rental profit and paying for the upkeep.
Neil Barlow FCCA ATT
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Sign Up17:35 PM, 30th August 2012, About 12 years ago
Hi Recardo,
As mentioned in my comment below, providing a property has qualified as your only or main residence at some
time during the ownership period, then the last three years of
ownership always count as a period of residence. Therefore the starting point in your example is that 18/20ths of the gain will qualify for PPR relief. The balance of 2/20ths amounts to £30,000 and this is covered by the letting relief and there is no CGT.
If you move back into the property for 3 years prior to the sale and it qualifies again as your only or main residence then your calculation of the chargeable gain of 5/23rds is correct. The balance of approximately £65,000 would normally be reduced by the £40,000 letting relief to £15,000. However as you own the property in joint names with your wife then you are both able to claim the letting relief and the entire remaining gain of £65,000 is reduced to £nil.
It is worth noting that the CGT allowance, currently £10,600 is deducted from the gain after the deduction of other reliefs and it is not deducted from the capital gains tax liability (which you appear to be doing in the first part of your example).
Mark Alexander - Founder of Property118
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Sign Up18:38 PM, 30th August 2012, About 12 years ago
Thanks for commenting again Neil, it must be paying off for you as two readers of this article have already emailed me their contact details asking me to put them in touch with you for tax advice.