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 email@example.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?
- 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 firstname.lastname@example.org, 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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||Used only to collect performance data, with any identifiable data obfuscated
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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
9:50 AM, 20th November 2020, About 3 years ago
There would be no SDLT to pay if there was no mortgage transferred as there was no consideration for the gift. That is assuming the property was unencumbered.
Likewise, it would also have needed to have always been the Principal Private Residence of the persons making the gift without there having been any CGT incurred.
On the CGT subject -this is a good article >>
Mark Smith commented: "I would say the 'will trust' is the best option. The sons will then take at the base cost of the property at that time, and would save CGT on a later sale if they decided to move out, but keep the property for rental etc."
11:20 AM, 20th November 2020, About 3 years ago
I am confused by neil's response as the person is asking if they need to pay rent, not about capital gains on the transfer which has already taken place.
What I understand is the son the new owner has received (as a gift) the property in aug2020 and the parents are still living there.
For inheritance tax, the question is --was the gift made with a condition? if there was a condition that the parents still live there for free--then the gift is not a true gift and would still count for inheritance tax. if the parents paid rent then it would be a true gift. but the rent would need to be at the market rent and the son would need to declare the rent as income on yearly self assessment and pay any tax due. the property must also be up to renting standards as the son would be a landord--a resident landlord.
The son should have the parents sign a lodger agreement and agree a rent,and he would pay the bills etc and charge them for bills if not included in the rent.
to establish a market rent, you could speak to a local estate agent for an estimate, check the local council sites to see what housing benefit they pay out for a room basis or check "google" for any rooms to rent. Keep copies of what research you did to establish the market rent.
11:40 AM, 20th November 2020, About 3 years ago
I agree with Chris Bradley's comment about the question and that a room rent at market rate should cover it. I would suggest setting up a standing order so that this arrangement can be evidenced if required in the future.
I would also comment on the property's maintenance arrangements. Any bills for repairs from now on must be paid for by the sons and receipts kept to support the change of ownership.
Make sure all records are kept well filed and don't dispose of them after 6 six years.
12:15 PM, 20th November 2020, About 3 years ago
With regard to inheritance tax the utility of a pre death transfer to direct descendants will depend on the value of the property, the whole estate and of course the ages of the transferors. The main reason for this is that each of the original owners had, and have now lost, the benefit of the additional £175,000 principal residence nil rate band unless their residual estates exceed the main NRB https://www.gov.uk/government/publications/inheritance-tax-main-residence-nil-rate-band-and-the-existing-nil-rate-band/inheritance-tax-main-residence-nil-rate-band-and-the-existing-nil-rate-band
What the transfer has created is a liability to Gordon Brown's spite, his "revenge" for HMRC losing the estate planning case known as the "Lady Eversden" strategy which he subsequently attacked with his Previously Owned Asset Tax https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm44000
19:14 PM, 20th November 2020, About 3 years ago
If the rent is below £7500 a year as a lodger presumably it should be covered by the Rent a Room tax exemption.
To determine market rent a good starting point would be the LHA rate for a room in a shared house and then tweak it up or down accordingly after checking websites such as SpareRoom for similar local rooms with live-in landlords. Keep good records of how you arrive at the rental figure.
Simon Lever - Chartered Accountant helping clients get the best returns from their properties
13:39 PM, 22nd November 2020, About 3 years ago
The reason why a rental needs to be paid is for inheritance tax (IHT) purposes.
If you give away an asset but continue to enjoy use of the asset, then there is a reservation of benefit and for IHT purposes the asset still forms part of your estate.
For IHT if you gift an asset then it becomes a Potentially Exempt Transfer (PET) which falls outside of your estate for IHT after 7 years from the date of the gift. If a reservation of benefit exists then the 7 year period does not start and even if you died, say, 25 years after the gift if you had not done anything to remove the reservation of benefit then the asset would still form part of your estate.
One way to remove the benefit is to pay market rent for the use of the asset. If you only occupy one room then you need to determine what the market rent for the room is. However, I presume, you will also still have use of the other facilities such as kitchen, bathroom, garden, living space and the use of these will also need to be factored into the rent figure.
The rent has to be full market rent – any under charge still leave a benefit and therefore does not work. You may need to check if 2 such rooms are rented if the property then becomes an HMO!
Also consider that eh recipient of the rent will have to pay tax on it.
This article sums up the situation nicely: https://www.taxadvisermagazine.com/article/gifting-family-home