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Landlords Hit with Another Tax Blow in Budget

Published On: October 30, 2018 at 11:01 am

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Landlords letting out their former homes were hit with another tax blow from the Government in yesterday’s Budget announcement.

The Chancellor, Philip Hammond, announced that he would reform lettings relief, so that it only applies in situations where the owner of a property is in shared occupancy with their tenant. This means that landlords will no longer be able to claim the £40,000 relief on their Capital Gains Tax (CGT) bill when selling a property.

This reform will apply from April 2020, with the final period exemption reduced from 18 months to nine months.

There will be no changes to the 36-month final period exemption available to disabled people or those in a care home.

Lettings relief can reduce the CGT on the sale of a property that was, at some point, used as the taxpayer’s residence, but which has since been let as residential accommodation.

Landlords Hit with Another Tax Blow in Budget

Landlords Hit with Another Tax Blow in Budget

This is the latest tax blow for landlords, who have been hit in recent Budgets.

In April 2016, the Government imposed a 3% Stamp Duty surcharge on the purchase of additional properties and, a year later, restricted tax relief on mortgage interest for higher rate taxpayers.

Lilla Dilliway, the Director of BlueWing Financials, comments on the latest tax blow: “In my experience, most people who share their home with a tenant do not officially admit it, so the rental income is unlikely to make it onto their tax return. As a result, I am not sure that people are even aware of this lettings relief, let alone make use of it. Those who claim it will not be happy about any reduction, but, overall, I would assume that the changes will only impact a relative minority.

“As a side comment, lenders don’t normally allow tenants in someone’s main residence, but would normally give consent to a lodger. The reason being that a tenant has different legal rights from a lodger, so if the landlord had to repossess the property, they’d have a hard time kicking out a tenant.”

Neil Cobbold, the Chief Operating Officer of PayProp UK, was surprised that Hammond didn’t take this tax blow further: “It’s surprising that the Government did not announce a more stringent clamp down on short-term lets. This sector provides a great boost to the economy, but has grown rapidly in recent years and greatly affects the fortunes of the lettings sector, so it is arguably the right time for initial regulation.

“There has to be an equal tax footing for conventional landlords and those looking to let their homes on a short-term basis, and the proposal for limited tax relief on properties where the owner is in shared occupancy with the tenant marks the very first step towards achieving that.

“Over the next decade, it’s likely that the short-term lets market will continue to expand, so it will be interesting to see if the Government takes a similar regulatory approach as it has done with standard lets in the private rented sector.”

John Socha, a 60-year-old landlord from Northamptonshire, is disappointed: “I think there’s someone in the Treasury who really, really hates landlords. The new tax regime on buy-to-let is madness. In any other business, you are able to write your costs off against your income, but you can’t do this with mortgages any longer.”

He believes that many landlords will incorporate their lettings businesses to mitigate the impact of the additional CGT. He says that CGT is a huge issue for landlords, particularly those who want to sell because of previous tax changes imposed by the former chancellor, George Osborne.

“Some buy-to-let landlords have started to pull out because of the tax changes,” Socha claims. “But I’m buying more, and I’ve also started building. The thing about selling out is the CGT you have to pay. There was some talk before the Budget about reducing CGT if you sell to your tenant, and that would have been a good idea.”

Budget was a Missed Opportunity that will Affect Tenants, Experts Warn

Published On: October 30, 2018 at 10:30 am

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Yesterday’s Autumn Budget announcement from Chancellor Philip Hammond was a missed opportunity that will ultimately affect tenants, according to experts from across the property industry.

The Policy Director of the Residential Landlords Association (RLA), David Smith, went as far as to say that the statement “fails the country’s private tenants”.

He explains: “Whilst the Chancellor again outlined the Government’s desire to boost homeownership, he failed to address the needs of the millions of people who cannot or do not want to rent.

“With the demand for private rented housing rising whilst supply is shrinking, we needed pro-growth taxation measures to ensure that tenants have an adequate supply of housing to choose from. Despite being given innovative suggestions to protect tenants in their homes, encourage sale to tenants, and improve energy efficiency, we got a damp squib with little more than promises of further consultations. Eventually, the Government will need to stop consulting on the housing crisis and take action.”

Neil Cobbold, the Chief Operating Officer of proptech firm PayProp UK, was also disappointed with the lack of information on Government plans: “The ban on upfront fees charged to tenants was first proposed by Chancellor Philip Hammond almost two years ago, along with a cap on security and holding deposits. Given the length of time that has passed, it’s crucial that letting agents, landlords and tenants get more information about when and how it will be implemented.

“Next year is set to be a crucial year for letting agents – now that they have more clarity, they can plan accordingly. The Bill will pose a challenge for letting agents, but they must try to take the positives out of the situation. The fees ban will force agents to look for alternative revenue streams and streamline processes using technology.”

He points out another missed opportunity, this time on tax breaks for landlords offering long-term tenancies: “This would have been a welcome move by the Government, as it would have allowed landlords and tenants who want to pursue longer tenancy agreements to do so without making it a mandatory requirement for the entire private rental sector.

“Industry research has shown that mandatory longer tenancies may cause some landlords to exit the sector, and that not all tenants are looking for long-term agreements. However, for many landlords, a Capital Gains Tax (CGT) break would be a timely incentive to continue to provide much-needed rental housing stock.

Budget was a Missed Opportunity that will Affect Tenants, Experts Warn

Budget was a Missed Opportunity that will Affect Tenants, Experts Warn

“Such a policy could have provided vital feedback to the Government’s previously announced plans to introduce mandatory three-year tenancies, indicating whether long-term tenancies are needed or if they should remain an optional decision rewarded with a tax break.”

John Phillips, of Just Mortgages and Spicerhaart, is concerned that the crisis isn’t enough of a concern for the Government: “Once again, it appears that housing is less of a priority for the Chancellor than we might have been led to believe. Funding for further infrastructure is one thing and, hopefully, it will mean more houses do get built, but that is only one element in fixing the broken housing market.

“The housing crisis appears to be less critical to the Treasury than all the people we know are looking to buy or sell a property. Instead of listening to the industry, the Government appears to believe that the health of the housing market will come solely from first time buyers. This blinkered view will do nothing to get the whole market moving, which is vital in the long-term.”

Neil Knight, also from Spicerhaart, agrees that the announcement doesn’t go far enough: “We welcome the Chancellor’s announcement of a further £500m for the Housing Infrastructure Fund, to unlock 650,000 homes, and news that he will empower up to 500 neighbourhoods to buy land for housing for sale to local people in perpetuity.

“However, these were the only major announcements in terms of housing, and we would have liked to have seen more measures announced, considering what a hot political topic housing is.

“We had hoped that the Chancellor might have announced plans to speed up the build out permission process, following the publication of Sir Oliver Letwin’s report earlier today, which would go a long way to help Government reach its targets, but there was no such announcement today.

“Let’s just hope that when the Chancellor addresses the findings of the report in the New Year that there is more support for developers and local authorities, so that we can start building the homes that this country so desperately needs.”

The CEO of Quintessentially Estates, Penny Mosgrove, shares this sentiment: “Overall a disappointing Budget for the sector. Hammond duped us with the glorifying statistics of how well the UK economy was doing, how the deficit was down, employment was up and it was the end of austerity! Yet, housing, which is the biggest issue of our generation, has been ignored.

“Yes, first time buyers are being helped, and now first time shared ownership buyers are now being included in that support, but what about the rest of the market? The empty nesters looking to downsize, who are asset rich but cash poor, the hard-working family who is struggling to put together bill for Stamp Duty, despite being in need of a larger home. Supporting just the first time buyers means that the bottle neck gets worse and transactions will not increase – which means they collect less tax.”

Alan Waxman, the Founder and Chief Executive of Landmass, takes a swipe at the Chancellor: “Philip Hammond has failed to penetrate the property market. No one can argue against helping first time buyers, but stimulating just this part of the market has a detrimental impact on the property market as a whole. In fact, it increases prices, hitting first time buyers the hardest, as demand increases, and then so do prices, so the net effect is that it actually costs the buyers more in total – fools logic!

“It is a shame that he didn’t have the political will to reduce the punitive Stamp Duty for hard working families, investors and young entrepreneurs, as this will have increased activity and Stamp Duty revenue, helping people lower down the chain to move up the ladder, rather than stay still and build more basements or extensions!”

Were you, too, disappointed in the Chancellor’s Budget announcement yesterday? And do you agree with these experts, that the lack of attention on housing will ultimately affect tenants?

Are Tenants and Buyers Saving Enough for Moving Home?

Published On: October 30, 2018 at 9:57 am

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Private tenants and buyers have to dip into their savings to cover the cost of moving home, according to the latest Cost of Moving study from Post Office Money, which was compiled by the Centre for Economics and Business Research (Cebr).

Tenants need to have an average of £1,469 saved for moving home, including the cost of a security deposit (£944) and moving costs (£525). A typical renter has £1,522 saved in cashable assets. However, 53% of 22-29-year-olds saved no money in a savings account, meaning that many young tenants will have no savings set aside to cover these costs at all.

Buyers, meanwhile, will need to budget an additional £10,132 to move home, with estate agent fees making up a third of this cost (£4,815). However, 80% of prospective homebuyers underestimate the cost of moving, budgeting for just over half of the actual amount on average (£6,782), which could force them to dip into their savings.

Post Office Money found that the cost of moving home has increased by an average of 25% for buyers and 13% for tenants over the past decade. However, upcoming changes, such as those announced in previous Budgets by the Chancellor, may see costs ease for both parties.

Cost of moving home as a tenant

Moving home can place significant financial pressures on tenants, with deposits accounting for the bulk of the cost (64%), ranging from £1,629 in London to £526 in the North East.

While renters will expect to see these costs recuperated at the end of their tenancies, they will likely need to wait until they have moved out to receive the funds. As such, tenants who do not want to deplete their savings will need to set money aside for their next deposit in order to move home.

However, there is some hope for tenants, as the Government is planning to ban lettings fees under the Tenant Fees Bill, which is likely to come into force in spring 2019. Agent fees make up a significant amount of the cost of moving as a tenant (16%), at an average of £235.

The average costs associated with moving home as a tenant are as follows:

Security deposit Agent fees Self-drive van hire Child minder fees Moving materials Total
£944 £235 £123 £87 £80 £1,469

Chrysanthy Pispinis, of Post Office Money, says: “Moving can be a time of financial pressure and people will often need to draw upon any savings they have. However, they are unlikely to have earmarked this money specifically for moving, leaving them with no financial safety net. Having a regular savings habit – putting money aside on a little-and-often basis – can help with these unforeseen costs.

“To ensure they can meet the demands of moving without damaging their nest egg, movers should consider these costs in advance as much as possible. The Government has made some accommodations recently, such as the Tenant Fees Bill and recent Stamp Duty changes; we hope these revisions will ease the cost of moving for both renters and buyers.”

Cost of moving as a buyer

Even after years of experience moving as tenants, people can still be underprepared for the additional costs of moving as a homebuyer. Significant costs include Stamp Duty (£2,019) and estate agent costs (£4,815). Over the past ten years, these costs have risen by 30%, but buyers are not currently budgeting more to cover the higher costs.

This is how much it costs, on average, to move as a buyer:

Stamp Duty Estate agent costs Surveyor fees Conveyancing costs Removals Total
£2,019 £4,815 £600 £1,619 £1,079 £10,132

Pispinis continues: “Most people know that planning and budgeting are essential to any move, but most renters or buyers will only think about their deposit payment, and may not necessarily plan for the additional costs. When people do move – be it renting, buying a first home or moving up the ladder – it really helps to have a very clear understanding of all of the associated costs.”

Tips for moving

Post Office Money has put together some tips for tenants and buyers when moving home:

Budget in advance – Many people will wait until the point that they move to consider the costs of moving home. In fact, one in five buyers will not consider common moving costs at all. Making an itemised checklist of potential moving costs and making sure that you budget for these well in advance is essential to ensuring that you have enough set aside.

Consider letting/estate agent fees – The fees charged by letting and estate agents differ significantly, so consumers can massively benefit from shopping around. There are alternatives to high-street agents, which can often greatly reduce the cost for cash-strapped movers.

Get a number of quotes – When enlisting a removal service or self-drive van hire for moving day, be sure to get a number of quotes from different companies; you may be able to get a cheaper deal or even use them to negotiate a better price.

Cut down on removal costs – Movers can save money by sourcing moving materials secondhand, such as asking their local supermarkets for discarded cardboard boxes, rather than buying expensive moving packs. Another way to reduce these costs is to cut down on the amount of items that you’re moving, by having a clear out.

Tenants Look Set to be Given Powers to Sue Landlords over Property Conditions

Published On: October 30, 2018 at 9:05 am

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Tenants look set to be given powers to sue their landlords if their property conditions are unfit for human habitation, following a key vote by MPs.

The Homes (Fitness) for Human Habitation Bill had its third reading in the House of Commons on Friday, and was passed without division. The House of Lords will now consider the private member’s bill, which would apply in England and Wales.

The bill, tabled by Karen Buck MP, would give tenants in the private and social rental sectors the powers to take their landlords to court if their property conditions are deemed not fit for human habitation at the start of, and throughout, a tenancy.

Private tenants can currently take action against their landlords if their property is in serious disrepair, but not when the property conditions are unfit.

The proposed legislation would change this, by requiring all tenancy agreements to include an implied covenant stating that landlords must ensure that their properties are inhabitable at the start of, and throughout, the tenancy. Tenants would be able to seek legal redress through the courts, without having to first go through their local councils, if landlords fail to do this.

Under the proposed legislation, negligent landlords would be required to remove hazards or pay compensation to their tenants.

According to Buck, around 750,000 homes in the private rental sector and 250,000 in the social rental sector have category one hazards.

She insists: “Living in a cold, damp or unsafe home is hell. It damages people’s physical and mental well-being. It erodes the income of the poorest households. It impacts on children’s education.

“The most vulnerable tenants are those most at risk of being trapped in sub-standard accommodation and they are often least able to withstand the damage such conditions do.”

The Government has already introduced a range of powers for local authorities, which enable them to crack down on rogue landlords that let unsafe or substandard rental housing.

This includes being able to fine landlords up to £30,000 and allowing councils to issue banning orders to the worst offenders.

Last week, MPs also discussed making it a legal requirement for lenders to take tenants’ rent payment history into account when assessing their credit scores.

Government to Review Safety Standards of Rental Housing

Published On: October 29, 2018 at 11:02 am

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Industry bodies are welcoming the news that the Government will review the safety standards expected of rental housing.

The Housing, Health and Safety Ratings System (HHSRS) is used by local authorities to assess the health and safety of residential properties, including both private rental and social rental housing.

The Policy Director of the Residential Landlords Association (RLA), David Smith, says: “We welcome the Government’s decision to review the safety standards around rented housing, which the RLA has long called for. The current system has not been updated for 12 years, with the guidance alongside it equally out of date.

“This review provides an important opportunity to improve enforcement against the minority of landlords who bring the sector into disrepute and fail to provide the safe accommodation they should.”

David Cox, the Chief Executive of ARLA Propertymark (the Association of Residential Letting Agents), also responds: “It’s excellent news that the Government will review the existing HHSRS, which we have long said is too complicated, and poorly understood by tenants, landlords, agents and enforcement officers.

“We need to create a practical system with criteria which are easy to use, and fully support the recommendation in the Rugg review for a property MOT, which will ensure that a home meets a minimum set of requirements and that the landlord understands what is expected of them.”

The RLA has also spoken out today about its support of NatWest’s announcement to review the issue of landlords being prevented from letting to benefit claimants.

We wait to hear from the Chancellor, Philip Hammond, of any developments to buy-to-let and housing in his highly awaited Autumn Budget announcement today. We will be covering all of the industry experts’ opinions and reactions to the statement throughout the rest of the week.

Stay tuned to Landlord News for your daily property updates.

RLA Welcomes Announcement from NatWest on Benefit Claimants

Published On: October 29, 2018 at 10:25 am

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The Residential Landlords Association (RLA) is pleased to hear the latest announcement from NatWest on its approach to landlords letting to benefit claimants.

Last week, the RLA wrote to the Treasury, calling for it to work with banks’ stakeholders to address the issue of lenders preventing landlords with buy-to-let mortgages to let to benefit claimants.

Our sister company, Just Landlords, covered the story on its blog here: https://www.justlandlords.co.uk/news/banks-preventing-renting-benefit-claimants/

Now, NatWest bank has announced that it plans to review its lending practices, to address the concerns that landlords are being prevented from letting their properties to benefit claimants by their mortgage conditions.

David Smith, the Policy Director of the RLA, responds to the news: “With increasing numbers of benefit claimants now reliant on the private rented sector for a home, we welcome NatWest’s decision to review its lending practices.

“The RLA continues to urge the rest of the industry to do likewise, so that private landlords are better supported to house vulnerable tenants.”

The calls follow the case of Helena McAleer, a landlord from Northern Ireland, whose mortgage was revoked by NatWest because she was letting to tenants in receipt of housing benefit.

At a time when the private rental sector is booming, we urge landlords to consider carefully whether they decide to let to benefit claimants.

Currently, the Government’s new welfare system, Universal Credit, is being rolled out across the UK, with expectations that it will be in full force by December 2023. This scheme replaces six benefits with one monthly payment.

It is infamously causing issues with how and when claimants receive their benefits, and has been blamed for a rise in rent arrears.

To help landlords, letting agents and tenants understand how Universal Credit works, we have compiled a comprehensive guide to the new system, which you can access for FREE on our website here: https://www.landlordnews.co.uk/guides/a-landlords-guide-to-universal-credit/