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.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
||means an account required to access and/or use certain areas and features of Our Site;
||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;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||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
||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 firstname.lastname@example.org, 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?
- 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?
- 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?
- 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.
- 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 email@example.com, or using the contact details below in section 14.
- 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:
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- 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:
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- 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
Churchills Tax Advisers
10:37 AM, 23rd December 2022, About 6 months ago
I can advise, if you PM by clicking on my membership profile
11:04 AM, 23rd December 2022, About 6 months ago
1. The trust determines the beneficial interest and it is the beneficial interest that determines the rental tax or CGT liability. If the beneficial interest was set at 99:1 and this was shared with HMRC, then HMRC will probably take this in good faith if they were to ever look into it (they probably wont if youve been prompt in submitting your SA and paying your tax). The only reason we register anything with the Land Register is to change from Joint Tenancy (which assumes 50% each) to a Tenancy-in-Common which can stipulate specific percentages such as 99:1 or even 100:0.
2. I dont think there is any stamp duty due when money is not exchanged.
3. As long as you submitted Form 17 at the time, then the rental income should be taxed according to the new beneficial ownership split whatever that is. I dont think HMRC will take a dim view of this if you were not at fault.
I am surprised that the new conveyancing firm did not pick up on the Land Registry issue. Surely if the 50:50 was in effect, then they would have notified you of the capital gains due on your 50%?
The only challenge from HMRC (if they investigate or if you notify them) may be that you were not provided with a completed SEV form (severs the joint tenancy) from Land Registry or via the legal firm, and therefore you should not have assumed the joint tenancy had been severed and replaced with a tenancy-in-common.
4. My guess is that it would only be worthwhile suing the legal firm in the event of HMRC investigating and landing a tax penalty (then you have a specific amount to claim for). But this may never happen, so I wouldnt worry about something that may never happen.
Disclaimer: not a legal or accounting expert!
11:34 AM, 23rd December 2022, About 6 months ago
I would suggest you might need to review also your Stamp Duty Land Tax declarations from time of purchase and when you varied ownership %s with DoTs. There is no legal requirement to register DoTs as far as I am aware, but if you have property in a bare trust in a way that alters beneficial ownership then SDLT declarations should have been submitted to HMRC at the time. The SDLT declarations would be documentary evidence to support your position without the LR register entry. SDLT declarations are to be submitted even if capital value too low to generate an SDLT charge.
11:43 AM, 23rd December 2022, About 6 months ago
Thanks for the replies. Very helpful. The new conveyancer was recommended by the estate agent dealing with the sale. I couldn't have made it clearer to them we had a declaration of trust in place, so I'm surprised they didn't query the ownership.
I've had a look at the SEV form you mention above. I was never made aware of this. The wording in the letter from the solicitor was that they would be dealing with the Land Registry to finalise things, and no more input was required from us. Perhaps I should have been more clued up.
Thanks for putting my mind at rest. I'm not sure whether to own up and write to HMRC now to get everything squared up - I hate the thought of looking over my shoulder for a number of years hoping not to get a letter. My understanding is that we have 3 years of becoming aware of the mistake made by the solicitor to make a claim.
11:55 AM, 23rd December 2022, About 6 months ago
In any case the old sols have accepted
Liability and you should not be out of pocket.
They will have indemnity insurance and should cover any investigation costs with hmrc if they don’t accept the amendments etc
Will take time to clear up but they’ve been good and accepted their mistake.
11:57 AM, 23rd December 2022, About 6 months ago
Reply to the comment left by Simon F at 23/12/2022 - 11:34
Thanks for bringing this up. The solicitor mentioned that no stamp duty was payable at the time on the transfer. I'll check with them that a SDLT declaration was made - my guess is they probably haven't done it.
12:09 PM, 23rd December 2022, About 6 months ago
Reply to the comment left by Gone Fishing at 23/12/2022 - 10:37
Isn't the whole point of this site that everyone benefits from the answers?
12:37 PM, 23rd December 2022, About 6 months ago
Reply to the comment left by M K at 23/12/2022 - 11:04
Stamp duty would be charged on the value of property changing beneficial ownership, not based on the sum of cash changing hands. But even if the 49% of the flat value falls below the threshold where stamp duty is charged, ie nil payable, an SDLT declaration should be sent to HMRC.
12:41 PM, 23rd December 2022, About 6 months ago
Reply to the comment left by Troubled landlord at 23/12/2022 - 11:43It sounds like the new conveyancing firm took your statement as fact and then didnt bother to look beyond the 99:1 beneficial ownership claim, but I still find it surprising that they didnt confirm this with the Land Registry at which point they would have discovered the 50:50 Joint Tenancy (and then apply the CGT to each of you at 50% ownership). I dont think they can claim reliance on your statement since its their job to check.
The SEV form would require signing by all parties under the Joint Tenancy before it can be submitted to change to Tenancy in Common. So clearly your other solicitor didnt even attempt to file the change.
Mark Alexander - Founder of Property118
12:42 PM, 23rd December 2022, About 6 months ago
You are not required to register a restriction at HM Land Registry. This is an additional form of protection usually entered into by persons who are not married.
Both your income tax and CGT should reflect the Declaration of Trust you entered into.
As the property was jointly owned it was correct to file Form 17 with HMRC. That is what confirms the tax treatment.
For CGT purposes you might have missed an opportunity. Cancelling or amending the DoT and informing HMRC that you are back to 50:50 ownership prior to selling the property would have opened up an opportunity for you both to utilize your annual CGT exemption allowances.
I don’t think you have any basis for making a claim against your solicitor. This is because you have not suffered any losses, save perhaps for paying them to do work they agreed to do which was not done.