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.
john glynn
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Sign Up10:21 AM, 29th January 2021, About 4 years ago
I would be extremely wary of prospective tenants offering to pay seven months rent in advance. From experience they usually do this because they have a hidden agenda and want to keep the landlord at arms length. I know of two landlords who fell for this scam. One tenant paid twelve months in advance then turned the property into a cannabis farm. The cost to rectify the damage afterwards was off the scale. The other tenant paid six months in advance then stopped paying the rent. He knew full well it would take months and months to evict him and that the landlord would never be able to recover his arrears. It transpired that this tenant had previous form for this type of scam but the Letting Agent never picked up on it. Personally I would be extremely wary of this type of tenant and find another that pays monthly. It could save you a lot of trouble in the long run and would also solve your tax dilemma.
Olls63
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Sign Up10:53 AM, 29th January 2021, About 4 years ago
From HMRC Property Income Manual 1094
Agents may take payments for rent on behalf of a landlord. For example, a residential landlord may use a property management company to collect rental payments, or a person with a furnished holiday letting business may list their property on a website that facilitates card payments on behalf of the owner.
If a landlord uses an agent to collect payments and calculates the profits of their property business under the cash basis, income will be recognised when it is paid to the agent and not when the agent passes this on to the landlord.
If the agent fails to pass on any payments, the income must still be recognised when it was paid to the agent.
Mike
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Sign Up11:20 AM, 29th January 2021, About 4 years ago
I would contest this rule, cash accounting means cash accounting, that is money in your bank and not in someone else's . Quite frankly I will only declare actual income that you receive from your agent, I once had an agent who was paid 6 months rent in advance, I was not told of this and my agent was passing me rent for each month, the only way I found this out was when the oven went wrong and my tenant informed me that please get him a new oven as there is no excuse for not doing so as he has paid 6 months rent upfront!
Martin
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Sign Up11:23 AM, 29th January 2021, About 4 years ago
Firstly I agree with John and I'm always wary of large upfront payments since a rental property next door to one of mine was turned into a cannabis farm. In hindsight it was obvious, remote landlord, overgrown garden and curtains always drawn. So now if I get that, I schedule regular inspections, including one at the end of the first month.
As for the Tax implications surely at most you are talking a few thousand here.
Is there not a deductible cost you could incur to offset that?
Any outstanding maintenance, refurbishment of your office or even overpayment or advance payment of the mortgage (if you have one). As previously stated income is recognised when it is paid to the agent not the landlord.
I'm sure any half reasonable accountant will have a work around.
paul kaye
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Sign Up11:37 AM, 29th January 2021, About 4 years ago
I agree with many here.Do not take on a tenant paying in advance.It will lead to problems later.
I have been through a court case with a tenant wanting to pay 3 months up front.
It turned out she was getting divorced and had a settlement to pay the rent.
THEN ran out of money! it took me over 5 years to get my rent at £50 month !!
never ever fall for it!
Seething Landlord
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Sign Up11:52 AM, 29th January 2021, About 4 years ago
This is not really a question of tax law but more to do do with the legal relationship between agent and principal. Whatever the agent does on behalf of the principal has in general terms the same effect as if the principal had done it himself.
However, the question illustrates one of the drawbacks of using the cash basis. We had a similar situation soon after switching from using the traditional accounting basis and resolved it by declining the offer of 6 months rent in advance and putting the same applicants on a standard contract with monthly payments instead. I believe that it would have been possible to switch back to using the traditional accounting method but in our case after switching once to simplify our accounts and having gone through the transitional stage it would have been a sledgehammer to crack a nut.
Neilt
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Sign Up12:06 PM, 29th January 2021, About 4 years ago
It may go against the grain for some, but my profits are split between my wife and I, so if we see that we're going into the higher tax bracket then we simply donate more to our favourite charities. Thus dropping us down into the lower bracket and at the same time helping others out in greater need.
Rennie
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Sign Up13:52 PM, 29th January 2021, About 4 years ago
I am not qualified in any way but this is what i have heard. If your tenant pays your agent 6 months rent and the agent drip-feeds it to you by the month then the money not yet paid to you is a deposit and has to be protected and the deposit has to be messed about with each month in order to pay you.
If your tenant pays you directly 6 months rent up front then the agreement is a 6 monthly rent payment with a notice period to match the rent payment i.e.6 months. It doesn't really matter at the moment as it is going to be way over 6 months to get an eviction order but in normal times (if we ever get back there) you would only have to give 2 months notice
Graham Bowcock
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Sign Up16:14 PM, 29th January 2021, About 4 years ago
I have had a few tenants who have paid a good chunk of money up front and had no problems. It all comes down to understanding why and doing due diligence. I need to know the background.
As for timing of payments, when your agent gets the money it's your money. It is not the agent's money and should always be held in a clients' account, clearly identifiable as yours.
When there is agreement for rent to be paid other than monthly, the tenancy agreement must state the correct period of payment. I am staggered (but not for the first time) that some landlords posting here have not received money from their agent that the tenants have paid, with the agent dripping it out monthly. That is just wrong. If the deal is 6 months rent, the tenancy must state that. The tenant must pay that. the agent must hand it over in full.
Deals for rent in advance that are not properly documented risk the landlord falling foul of deposit regulations.
Dennis Forrest
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Sign Up16:25 PM, 29th January 2021, About 4 years ago
Hi since posting I have managed to find the link.
https://www.gov.uk/hmrc-internal-manuals/property-income-manual/pim1094
if you look towards the end of the article under 'Amounts Paid to Agents on Behalf of the Landlord' it clearly states that rent received by a letting agent is deemed to have been received on the same date by the landlord. It even refers to accounting on a cash basis.
I do take your point about having several months rent in advance. We were caught out once. A family's house was damaged in a fire and their insurance company offered to pay us 6 months in advance to house them so we took the money. The problem was the family did not respect the property, after all, it was not their money paying for it. The walls were badly marked, the oven was never cleaned. The two eldest boys continually played football in the back garden and several fence panels needed replacing. The day of reckoning did come when they realised that although they had been living there rent free their deposit was at risk. There was a lot of haggling - they denied any damage of course. We got some money from them but not enough - just glad to get rid of them in the end.
This case is quite different, and elderly couple who live abroad with dual nationality. They are flying back again to the UK quite soon, hotel quarantining of course, and they are definitely not cannabis growers and in any case in a semi-detached house I feel sure the neighbours might notice. The property is ideal for them as it is close walking distance to shops and restaurants. We have got around the payment tax problem by having just 2 months up front and monthly thereafter.