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:
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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; |
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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):
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- 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:
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- 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
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- Do We Share Your Data?
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- 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.
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- 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.
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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.
Mark Alexander - Founder of Property118
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Sign Up9:44 AM, 8th February 2015, About 10 years ago
Good news! 😀
Not only can this be done, there are many ways to do it.
There is no CGT payable between spouses.
Possibly the best way to deal with this would be to create a declaration of trust whereby your husband is gifted 99% of the equity. You would still own the property according to HM Land Registry but the declaration of trust will be acceptable evidence to HMRC that the rental income belongs to your husband. This route would also mean that you don't need to refinance unless it is beneficial to do so.
Please note that if you took the existing mortgage of a homeowner basis then you will need to apply to your mortgage lender for "consent to let" if you decide to stick with that mortgage.
In terms of remortgaging, you shouldn't have a problem if you work with a good broker. I suggest this chap >>> http://www.property118.com/member/?id=3042
Property118 also has a Joint Venture with a solicitors firm who will be able to advise and sort out the necessary paperwork with regards to the most effective tax structure. Also, as this is what they do day in / day out so you will not be charged for hours of reseach. Please see >>> http://buytoletconveyancing.co.uk/
Hope that helps, please let me know what you decide to do and how you get on :_
.
Mark Alexander - Founder of Property118
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Sign Up13:02 PM, 8th February 2015, About 10 years ago
This discussion continued offline via email. I have been given permission to publish it here .....
Dear Mark
Firstly, sincere thanks for responding to my post so promptly on your website with such good detail and recommendations about who to use for transferring my property into my spouses name, a great service I must say and clearly you have a vast amount of knowledge. I will indeed contact the people you recommended and mention that you recommended me. I will do this this afternoon.
This is the very first time we have done a buy - to - let and I was wondering if you could briefly scan down the email and see if you think it all makes sense or add any comments. Your help will be greatly appreciated, being first timers we don't want to end up in a situation where it is too much stress or not beneficial.
As mentioned I bought the flat in March 2012. My husband moved in September 2013. I love your idea of gifting my husband 99% of the property as I am guessing that this means when we come to sell it, we will still have 3 years of living in the property, meaning we will have a 30k (is it 10k a year?) exemption from CGT? For more information of this subject please see >>> http://www.property118.com/capital-gains-tax-relief-on-a-property-you-have-lived-in/ Also if I gift 99% of the mortgage to him, does this mean that the new mortgage should be in my name, his name or both our names? There is legal title (where ownership is registered with HM Land Registry) and then there is beneficial interest (this is what a declaration of trust refers to – i.e. you hold 99% of the equity in trust for your husband) and this is not recorded at HM Land Registry. It is the latter I am suggesting to you. If the legal title is unaffected then YOUR WIFE may continue to own the property AND the mortgage and you do not need to feature on either to benefit from the tax planning opportunity.
We bought the flat for 200k. It was one of the last that was left and I believe I got a good deal on it. The estate agent who rented out our flat for us told us he thought our flat was worth around 250k due to the building going up in value so much recently and being in Manchester city centre. He did say however that the bank would probably value it at around 225 - 230k. We are therefore going to put 225/230 as the market value when we apply for the mortgage. Currently we have 157.5k equity in the property. We would like to take some money out and remortgage at 75% making our owing 168.75k/172.5k. We will be transferring to an interest only buy to let mortgage with a new provider as our existing provider (Nationwide) do not offer interest only. Are we able to go through the process of taking this extra money out? We will be using it to finance a new personal house in 2016 which we have put a minimal deposit down on and don't need to put the rest down until September. Mark Edwards will be able to advise you on this.
We have been looking at 75% due to the much better interest rates than 80% ltv. We could ideally do with having 80% but know that this also limits the number of providers and good rates, would you suggest going for 75%ltv rather than 80% if we can manage on 75% (which we can, but 80% would just make it a little easier)? Mark Edwards will be able to advise you on this.
We put the flat up for rent at 1250 per month and we didn't expect to get it! Given it is our first time we decided to rent through an agent. He lives in our building and knows the building and the flat well. We were offered 1300 for the flat in the end with some of the existing furniture which we decided to take. Negotiations are still going ahead though so it could be between 1300 - 1200 for a 12 month contract. If we got the 1300 then our take home after agency fees (including VAT charges) would be 1177 per month. Our monthly costs will be roughly 534 pounds for a 5 yr mortgage, 191 pounds service charge, 16 pounds ground rent for the month, meaning we would have 741 in total, this minus the 1177 leaves over 431 pounds per month - first of all, does this sound like a good figure against the rent? I am unable to comment. Please see our Property Research Tool to locate comparable information – see >>> http://www.property118.com/property-reseach-tool/ Secondly, when doing a tax return, is this how you report your taxable income (including any other costs for the year that are able to be written off) and then we pay tax on the profit? Ie - we made 431 pounds, minus 130 for wear and tear allowance, minus an additional 100 (apportioned per month against a bigger one of figure) pounds per month for other costs, meaning our taxable income is 431 - 130 - 100 = 201 pounds to pay tax against? I recommend you to engage an accountant – see >>> http://www.property118.com/member/?id=452 I also recommend you to read this article >>> http://www.property118.com/landlords-tax-returns-10-common-mistakes/61630/
Given that you suggested gifting my husband 99%, do we need to then pay 20% tax on 99% of the profit and 40% tax on 1% on the profit? Correct, but please see above. Just so I know for when completing. Also speaking of tax return, I believe the tax year must be reported between April 5th - April 4th. Our first tenants move in on March 1st or a week before, would you suggest that we still need to do a tax return even though it is only 1 month? YES One other question on tax returns, can we include VAT as a cost or can it only be the cost itself? YES you may Eg our agency fees are 8% a month plus vat, so can we put 8% on our tax efficient costs or can it be 8% plus 20% VAT?
Please speak to your agent about purchasing Rent Guarantee Insurance. Also, check that your agent is providing all of the following and that there are no penalties for moving on if you decide he’s no good – see >>> http://www.property118.com/property-management-checklist/67891/
A quick note on mortgage terms. We have heard a lot of speculation about mortgages rising imminently and considerably over the next 5 years, and so we thought that it would be better to secure a 5 year deal for security purposes. It will cost us roughly an additional 150 pounds per month to strike a 5 year deal VS a 3 year deal. How would you approach this situation at this time where a rise may (or may not) be imminent and radical? Mark Edwards will be able to advise you on this.
As we are about to incur some costs for arranging tenants, we have been reading about tax free costs to apply. We know that rental fees and rental finders fees are allowed and we will ensure that we put these on our tax returns. We also know that some solicitors fees are allowed (need to brush up on this), brokers fees are allowed and mortgage arrangement fees are allowed. My question here, is if we have a 2000 pound mortgage arrangement fee, which is for a 5 year mortgage, and we decided to pay this rather than just add it to the mortgage payments, is this tax saving applicable only for the year which it is was incurred in, or can it be spread across the 5 years? As I am sure you know arrangement fees can be huge on BTL property and I wanted to ensure we did this the best way as adding it to the mortgage only costs an additional 5 - 10 pounds a month on the mortgage, but obviously on interest only it pushes up the total mortgage amount and may not necessarily get paid back anytime soon. Given that we are close to April we were going to have our new mortgage kick in from after April 5th to carry the broker fees into the new year, as our agency fees will be 240 so this plus wear and tear and other fees could take up most of 2014/2015 allowance. Please see my comments above regarding utilisation of a specialist accountant
A note on furniture - we have left the flat fully furnished, with good new(isn) furniture and we don't expect to have to replace it anytime in the next few years. We know that we can have a 10% per year wear and tear tax saving allowance without actually having to repair anything or pay anything and this is 10 percent of the rental value (1300?) - is this correct? If in 5 years we know a couple of big items need replacing, are we able to swap this from wear and tear to actual costs to replace, and as long as it is like for like is there any max threshold on what we can claim for this currently? Please see my comments above regarding utilisation of a specialist accountant
One last question is if we need to have work done prior to the new tenants moving in (getting aerials in the bedrooms, putting new window restrictors on, changing a toilet seat etc) are we able to put these costs into our tax return as tax savings as well? Or do they need to be done after the tenant has moved in? or can we get a receipt further into the year? Please see my comments above regarding utilisation of a specialist accountant
I think this is everything we had, if we have missed anything or got anything wrong then please do let us know, we would massively appreciate your expert advice, and completely appreciate your time in helping us.
Is there anywhere that I can review your site/give feedback/promote it as you have been such a great help to me?
YES there is. Clearly you are looking beyond just one property. Are you aware of the Consultancy service I provide? As a gesture of goodwill I have not charged you for my time in this instance, despite working on a Sunday. However, this obviously can’t go on if you are seeking ongoing mentorship. Please see >>> http://www.property118.com/consultancy-mark-alexander/61522/
Further email ....
Hi Mark
Thank you so much for all of the information, hugely appreciated. I will certainly get in touch with the two people you suggest today. I will also look at a specialist accountant.
Please do post the conversation, I am more than happy for that.
When we get our second property (2016) I will have a clear understanding of whether we can continue to build or whether we stick with the two, but if we do continue to build you can be assured I will get in touch for a consultancy service.
I will also recommend your services to everyone I speak to.
Regards
Ian Holmes
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Sign Up12:29 PM, 9th February 2015, About 10 years ago
My wife and I had similar problem of title being in wrong name.
Got around this by the non property owner providing a management service to their spouse for an amount that so happened to equal the rental profit after all allowable charges. Thus reducing the profit liable to income tax to zero for the high rate tax payer.
This will also avoid the risk of subsequent divorce and no solicitor fees now.
However, both will have to complete tax assessment forms.
Mike W
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Sign Up15:29 PM, 9th February 2015, About 10 years ago
Mark,
A question on the detail above in respect of: QUOTE Possibly the best way to deal with this would be to create a declaration of trust whereby your husband is gifted 99% of the equity. You would still own the property according to HM Land Registry but the declaration of trust will be acceptable evidence to HMRC that the rental income belongs to your husband. This route would also mean that you don’t need to refinance unless it is beneficial to do so. UNQUOTE
So the declaration of trust does not require any changes to land registry or mortgage interests? And basically means after calculating the 100% rental profit 99% goes to one spouse and 1% to the other? Can the percentage be altered year by year - retrospectively? or does the % & deed need to be registered somewhere and therefore is date stamped?
Mark Alexander - Founder of Property118
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Sign Up15:55 PM, 9th February 2015, About 10 years ago
Reply to the comment left by "Mike W" at "09/02/2015 - 15:29":
"And basically means after calculating the 100% rental profit 99% goes to one spouse and 1% to the other?" CORRECT
"Can the percentage be altered year by year – retrospectively?" YES
"or does the % & deed need to be registered somewhere and therefore is date stamped?" It is date stamped by the solicitor and does not need to be registered anywhere.
The key issue here is that CGT isn't payable on transfers between spouses. This would not work between other relatives, friends etc. ONLY between spouses.
.
Puzzler
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Sign Up14:30 PM, 14th February 2015, About 10 years ago
Reply to the comment left by "Ian Holmes" at "09/02/2015 - 12:29":
You say you "got round" this by paying the non-property owner for services. By "got round" did you assume you could do this or get advice? HMRC will be unlikely to allow that unless you can justify the payments are for genuine work and usually it will be disallowed to you or your spouse as a landlord is essentially self-employed. For it to be worthwhile you would have to be claiming more hours than your spouse could possibly be spending "managing" your property(ies).
Itchy Scratchy
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Sign Up11:33 AM, 8th July 2015, About 9 years ago
How much would you suggest that a solicitor should be charging for a Declaration of beneficial ownership to be filled in and filed and form 17 to be correctly completed?
Thanks
Itchy Scratchy
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Sign Up11:36 AM, 8th July 2015, About 9 years ago
Sorry one more q - If the OP put 99% beneficial interest in property in husbands name but was still 100% owner as far as legal title what would happen in the event of a divorce. Would husband now be eligible for 99% !
Thanks
Mark Alexander - Founder of Property118
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Sign Up11:46 AM, 8th July 2015, About 9 years ago
Reply to the comment left by "Itchy Scratchy" at "08/07/2015 - 11:36":
It would make no difference to a Court settlement in a divorce scenario.
Same as if all assets were in one persons name, the divorce Court could still order a division assets in whatever proportion it deemed to be fair.
.
Mark Alexander - Founder of Property118
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Sign Up11:55 AM, 8th July 2015, About 9 years ago
Reply to the comment left by "Itchy Scratchy" at "08/07/2015 - 11:33":
If they do a full job in terms of providing written advice, preparation of documents etc. then around £200 plus VAT per property as they will be putting their PI insurance on the line.
You may get a slight discount for multiple transaction if you negotiate hard.
Please see >>> http://buytoletconveyancing.co.uk/declaration-of-trust/
.