Dissertation Creating.Get Analysis Document

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Can ‘let to rent’ give you both flexibility and profit?

By Ben Gosling of commercialtrust.co.uk

Letting out your home so you can rent elsewhere is a growing trend in the UK. How does it work, and what are the benefits?

A property agent recently observed a growing number of renters who already own and let property elsewhere. This is the phenomenon known as ‘let to rent’. Though homeowners have been letting to rent for some time, the trend is growing.

How let to rent works

You might have heard the more familiar term ‘let to buy’. Letting to buy entails buying a new property for occupation, but letting out your old home rather than selling it.

In a let-to-rent scenario, there is no onward purchase. Instead of buying a new home, you rent one.

There are a number of reasons you might do this. Moving costs and difficulty in finding mortgage finance are big factors. And many homeowners move for work, sabbaticals, their child’s schooling or even just to try living in an area before they commit to buying.

Considering let to rent? Here’s what to bear in mind

Finance will of course be an issue. Some let-to-rent landlords are content if their property pays for itself, but others will want to turn a profit. This is particularly true if they move to a more expensive area.

Whether you ask your existing lender for ‘consent to let’ or refinance to a buy-to-let mortgage, the rental income will need to cover your mortgage repayments. The usual threshold is 25% above the repayment amount, using an interest ‘stress rate’ of around 5% per annum. But lenders are beginning to tighten their rental calculation thresholds, so the figures may be higher.


Remember also that your rental income is taxable.

You can claim tax relief for any costs you incur in managing and letting your property. But you cannot offset the rent you pay yourself or any moving costs, such as letting agency fees.

At present, you can also offset the mortgage repayments you make on the property you let, but in April 2017, this system will begin to change.

Landlord tax is a complicated area, so be sure to discuss your options with a tax advisor.

Landlord and tenant law

An area even more complicated than landlord tax is landlord law. Property rental is the subject of dozens of Acts of Parliament and centuries of case law.

Central to this are rights that your tenant will have, irrespective of what is in the tenancy agreement. As long as they live there, your property is your tenant’s home, and they have the right to quiet enjoyment of it. The law also protects them from illegal eviction.

Find out more about a landlord’s responsibilities.

Inexperienced landlords may prefer to instruct a letting agent to manage their property for them. If you do this, ensure that the agent has accreditation from a professional body such as the Association of Residential Letting Agents (ARLA).

Your property’s suitability

Homeowners and renters don’t always want the same things. Indeed, it is quite possible that you live in an area without much of a rental market, or that your property is unsuitable for most local tenants.

Your property’s rental valuation will reflect this. But it is something you should consider before you start down the let-to-rent route.

Also consider that tenants are paying for a service as well as a place to live. You might be able to put up with the faulty thermostat or the wasp’s nest in the fuse box, but issues such as this could bring down the rental value of your property. Glaring problems can even make your property unfit for habitation.

What are your options for finance?

Residential mortgage agreements prohibit letting out the property without the lender’s permission. Since the financial crisis, lenders have been fastidious about enforcing this rule.

So if you wish to let out your property you have two options. You can ask your lender for consent to let, or you can refinance to a buy-to-let mortgage contract.

Consent to let

Consent to let does not involve changing your mortgage agreement. This can be useful if repaying your mortgage would cause you to incur early repayment charges, though your lender could still charge a consent-to-let fee. They are also likely to increase the interest rate you pay.

Furthermore, consent to let tends only to be temporary, and may not be suitable for longer let-to-rent arrangements. And of course, there is always the chance that your lender might refuse outright.

Buy-to-let remortgage

If you wish for a longer-term or permanent change, a buy-to-let remortgage may be more suitable. This will involve repaying your existing mortgage in full and taking out a new one with some quite different features.

This option will not be appropriate if you don’t have a lot of equity in your property. Buy-to-let mortgages need a deposit of at least 15% of the property value, but it can still be difficult to find deals with deposits of less than 25%. Clients in the best position have deposits or equity worth 40% or more.

Your buy-to-let mortgage is likely to be more expensive than your old mortgage. If you have a limited budget, it is even more important that your property fetches as consistent and healthy a rent as possible.

Buy-to-let lender criteria for let-to-rent clients

Let to rent is a niche arrangement that not all buy-to-let lenders will consider.

Over two thirds of the lenders we deal with consider let-to-buy applications, where the applicant rents out their old property and buys a new one. But only a handful of specialist lenders will consider cases where there is no onward purchase.

These lenders will look at the whole situation, including the reason for the client’s decision to rent rather than buy. The application might involve more extensive underwriting than normal.

Due to the rarity of let-to-rent finance, you may wish to speak to a professional buy-to-let mortgage advisor about how best to proceed.

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How landlords can beat the higher stamp duty rates

By Ben Gosling of Commercial Trust

Most landlords must now pay a higher rate of stamp duty. Find out how you may be able to offset some of the cost.

With the higher rate of stamp duty now in effect as of 1 April 2016, the flurry of buy-to-let activity seen in the early months of the year is likely to slow somewhat.

But the surcharge is unlikely to stop the market dead

We should remember that until December 2014, almost everyone paid more stamp duty than they do now.

Under the ‘slab’ system, a property worth £275,000 would have attracted a stamp duty bill of £8,250. This isn’t quite as large as the £12,000 now payable under the higher rate. But it is still a lot more than the £3,750 that a lower rate buyer would pay.

So the higher rate isn’t a deal-breaker. There are many landlords who are mid-transaction and will still wish to complete. And there are even those who have waited until the market eased, confident that they could find a good deal even with the added costs.

With the right approach, it might even be possible to offset some or all of the extra tax.

Negotiate a lower selling price

Affected landlords who were mid-transaction when the change hit will have to pay the higher rates.

Though not desirable, this could provide leverage to convince the vendor to accept a lower offer. Doing so may be more convenient than starting the process from scratch, particularly if the parties are near the point of exchanging contracts.

There may also be opportunities to negotiate discounts before the process even begins. If the property market does slow down as experts predict, sellers will have a harder time attracting offers. In view of this, it may be possible for buyers to convince sellers to lower their asking prices.

Ask your mortgage advisor about which products are available

A slowdown in buy-to-let purchase activity won’t just affect supply and demand in the market. It will also mean that lenders experience a lull in business.

To attract more new clients, they may be willing to offer preferential rates. They might also offer deals with added incentives, such as cashback or free survey costs, to buyers.

Claim multiple dwellings relief for bulk transactions

Finally, it is worth mentioning a relief that is available for transactions where the buyer purchases two or more dwellings in one go.

Using multiple dwellings relief MDR, buyers can pay stamp duty on the average value of each property, rather than the whole transaction amount. For purchases of six or more properties, the buyer can choose to apply the non-residential and mixed use rates.

For instance, if a landlord were to buy two flats for a total of £500,000, without claiming relief, he would pay £30,000 in stamp duty. Multiple dwellings relief would apply as follows:

  • Average property amount = £250,000 (500,000 / 2)
  • Average stamp duty cost = £10,000
  • 10,000 × 2 = £20,000 stamp duty payable

If another landlord were to buy six flats for a total of £900,000, without claiming relief, she would pay £62,000. Multiple dwellings relief would cut the tax payable to £30,000. She could also choose to apply the non-residential rates, in which case the tax due would be £34,500.

In this case, the best choice would be to claim multiple dwellings relief. But in some cases – such as a transaction of eight properties for a total of £3 million – the non-residential rates would be the most advantageous choice. (£139,500 versus £160,000 with the relief or £363,750 without.)

This is also an option for landlords who are considering transferring more than one property from individual to limited company ownership.

Buy-to-let tax is a complicated area. Always be sure to discuss your options and strategy with an appropriate professional.

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Limited company purchases: three taxes you might not expect to pay

By Ben Gosling of Commercial Trust Limited

Mortgage applications from limited companies are rising as landlords seek to minimise their tax exposure; but company owners have other property taxes to bear in mind.

There are three exposures in particular that may arise from the purchase of a property through a limited company:

Higher rate of stamp duty
From 1 April 2016, the purchase of additional residential properties (including the majority of rental properties, which tend to be bought by people who already own homes of their own) will be subject to higher rate of stamp duty land tax (SDLT) than ordinary purchases.

As a limited company is a separate legal entity to the individual who owns it, you could be forgiven for thinking that the first purchase via a limited company would be exempt from the surcharge.

Under the currently proposed framework, however, this is not so. The government believes that treating the first purchase by a limited company in the same way as the first purchase by an individual could create a “tax avoidance opportunity” – and so they suggest levying the higher rates on such purchases.

This will presumably be the case even if the rental property is the company owner’s very first acquisition. Tenants in high-cost areas such as London, for instance, may purchase their first property elsewhere, letting it out for income and getting a foot on the property ladder whilst continuing to rent their own home. These so-called ‘let-to-let’ purchases, if made through a company, will be subject to the higher rates.

Do bear in mind, though, that these proposals are not set in stone. Chancellor George Osborne will confirm the final framework during his next Budget announcement on Wednesday 16 March.

Annual tax on enveloped dwellings (ATED)
To prevent wealthy homeowners from using corporate ‘envelopes’ to avoid certain tax obligations, the last government introduced an annual charge on properties valued at a certain amount as of April 2012 (or acquisition, if later).

The charge, which is linked to CPI inflation, is set at certain amounts for certain value bands in a given tax year. Initially, the lowest band was £2–5 million, but April 2015 saw the introduction of a £1–2 million band. From April 2016, ATED will be also be payable on enveloped properties worth between £500,000 and £1 million.

Many forms of ATED relief are available under sections 133 to 150 of the Finance Act 2013, including reliefs for property developers, rental businesses and traders that reduce the charge payable to zero. But these are reliefs, not exemptions; they can only be claimed by completing an ATED return, and are subject to certain conditions as outlined in the government’s technical guidance.

So whilst in most cases ATED will mean only an administrative burden for property businesses with assets worth over £500,000, it is still well worth bearing in mind – particularly as the threshold could fall further in the future.

Higher rate of stamp duty land tax (SDLT) for corporate bodies
‘Non-natural persons’ such as companies also pay a flat 15% rate of SDLT on the purchase of residential properties valued over a certain amount. Like ATED, the lower threshold was originally £2 million, but was lowered to £500,000 in March 2014.

Again like ATED, exemptions from this higher charge apply for commercial property businesses, subject to conditions detailed on the HMRC website:

Remember to seek relevant professional advice if you are making your first purchase through a limited company. A financial advisor or tax planner can help to ensure that your tax strategy is sound, whilst a solicitor can provide advice on any legal matters that may arise, and a buy-to-let mortgage advisor can provide recommendations on mortgage products tailored to limited company purchases and help to find one that is suitable for your circumstances and future goals.

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