Cut the rhetoric and focus on policy
With the ink barely dry on the new SNP and Scottish Greens co-operation agreement, the Scottish Government is keen to forge ahead with its plans to create a “new deal for tenants”.
Ahead of the recent announcement that he would be the new Minister for Tenants’ Rights
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New Income Tax penalty system to go live in 2023
From 2023 landlords in the UK with an annual income over £10,000 will have to file their tax returns via HMRC’s new Making Tax Digital (MTD) initiative.
Through MTD, landlords will not only submit one annual tax return, but also quarterly submissions of income and expenditure, to give a real time snapshot of their tax position throughout the year.
(Find out more about what’s affecting UK landlords in the Tax World by reading our Ultimate Guide to Landlord Tax Returns!)
And with a change of process also comes a change in the penalty system. HMRC is bringing in a new points-based penalty system to better align with MTD.
According to HMRC the aim of the new penalty system is to be more supportive of those with genuine reasons behind mistakes or late filing, while still fining those who are consistently late.
How has the penalty system changed?
Some could argue that rather than being simpler, it is more complicated. The system measures fines by length of time since late submission, with the penalties accruing once the clock starts ticking.
The new system works in a similar way to the UK driving licence. You receive points on your record if you have a late submission – and once you pass a certain point “threshold” then you receive a penalty.
Here’s how it works
When a taxpayer misses a submission deadline they incur a point – these points build up to penalty thresholds, with each submission obligation (i.e. quarterly or annually) having a different threshold. Once this point threshold is reached, then a fixed penalty amount of £200 will be issued for every missed submission.
The Penalty thresholds are as follows;
Submission frequency | Penalty threshold |
Annual | 2 Points |
Quarterly | 4 Points |
If the penalty threshold isn’t passed, then the points will be cleared after two years.
But if the points threshold is passed, then all the points gained will be wiped only AFTER they have met a period of compliance as set by HMRC (Annual submissions 24 months, Quarterly submissions 12 months) AND submitted all the submissions due from the previous two years.
For late payment, penalties are issued by length of time passed from the due date – however HMRC have said that they will take a ‘lighter’ approach for the first year of implementation, and a way of easing taxpayers into the system.
The basic structure surrounding penalties for late payment is;
Number of days late | Penalty |
0-15 | No penalty |
16-29 | 2% of outstanding amount |
30 | 4% of outstanding amount |
31+ (2nd penalty only) | 4% per day on outstanding amount |
But don’t worry – This will not come into effect until 2023, and HMRC will be releasing more information in the lead up to the new system going live.
Want to stay up to date with all things Landlord & Tax? Sign up to the APARI community here.
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – New Income Tax penalty system to go live in 2023 | LandlordZONE.
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Guest blog: Landlords and tenants face cliff edge as furlough ends
The end of furlough combined with cuts to vital benefits, will leave private landlords and their tenants on a cliff edge.
Renters are already struggling, with the number in arrears tripling from 3% at the end of 2019 to 9% by the end of 2020.
Now, with the Bank of England warning renters are more likely than any other group to have lost their jobs or been furloughed, we are urging the Government not to turn its back on those facing mounting rent debts through no fault of their own.
The NRLA believes tenants already struggling to cope could be pushed to the brink when furlough draws to a close at the end of September, as Universal Credit payments are cut by £20 a week and housing benefit remains frozen.
Threat to the economy
In a new report we examine what we believe is a failure to address the rent debt crisis building in the private rented sector (PRS) despite the best efforts of landlords and look at the potential solutions.
We know that the majority of tenants want to pay their rent, with 82% of those in debt paying their rent on time and in full prior to the pandemic.
We also know, from our own research, that many of our members have gone above and beyond to help support tenants to remain in their homes during the pandemic.
However, with a high proportion of landlords reliant on rent payments as their own and sometimes only source of income, there is a limit to how long this can continue.
The Government has admitted many landlords “are highly vulnerable to rent arrears”, and we argue landlords cannot be expected simply to continue to absorb these debts.
The figures speak for themselves, with data from MHCLG’s English Private Landlord Survey showing:
- 94% of private landlords rent property out as an individual
- 45% of private landlords rent out just one property
- 44% of private landlords became one to contribute to a pension
And it isn’t just us.
The Bank of England has also flagged the rent debt crisis as a major risk. It said Covid-related arrears could be a threat to the country’s economic recovery and has raised concerns about the impact rent-related debt will have on tenants’ credit scores and their ability to remain in their homes.
What needs to change?
To counter this the NRLA is calling on the Chancellor to develop an interest free, Government guaranteed hardship loan to support the majority of tenants with Covid-related rent debts who are not eligible for benefit support.
This scheme would help these tenants to pay off their rent debts and would follow the introduction of similar schemes in Scotland and Wales.
We are also one of 100 industry organisations to sign a letter calling on the Government to scrap plans to cut Universal Credit payments to avoid potentially devastating consequences for tenants across the country.
Doing nothing is not an option
If ministers continue to ignore the plight of private landlords and tenants the consequences could be both serious and expensive for Government, which will be left footing the bill for rehousing those who can no-longer pay their rent or make up arrears.
The knock-on effect for these tenants is far reaching. They could not only lose their home, but struggle to privately rent a home in future – or get a mortgage – due to the damage to their credit score.
There is also the immeasurable harm to mental and physical health, and the pressure that places on already stretched health services.
By ending furlough and cutting benefits in quick succession, and without the introduction of a targeted package to tackle Covid-related rent debt, the Government is worsening an already critical situation.
Without transitional support the Chancellor will be turning his back on those renters and landlords that are in such desperate need of his help.
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Guest blog: Landlords and tenants face cliff edge as furlough ends | LandlordZONE.
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HELP we have 3 personal BTLs with 3 different lenders and want to incorporate?
Hi there all, We have three BTLs with three individual mortgage providers which are Virgin Money, Santander and Halifax in personal names obviously section 24 and the tax implications are an issue.
We are looking for some guidance on whether we will have to refinance all the properties to be able to move them into a limited company because they are with different providers or do most mortgage providers allow you to transfer the mortgage/asset into a limited company.
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Repeat rogue landlord to pay £144,000 after ignoring planning rules
The largest fine issued so far this year to a rogue landlord has been announced by the London Borough of Brent.
It has given landlord Ms Orofena St John, the owner of a property near Wembley Stadium in North London, a penalty of £144,000 after she built several extensions at her 39 Clarendon Gardens property and converted them into seven flats and two bedsits all without planning permission.
Brent council issued enforcement notices four years ago requiring the extensions to be demolished and the premises be converted back to one house.
But St John ignored these orders and in 2019 was taken to court where she was convicted of the breaches. She is now the subject of a Proceeds of Crime Act following a hearing at Harrow Crown Court, which heard that she had previous history in illegally converting properties without planning permission at another nearby property.
Rogue landlord
She has now been ordered to pay £111,582 for the income received from illegally renting the properties to tenants for a profit.
In addition to this, St. John was fined £18,000 in council legal costs and £15,000 for the breach of the notices.
“This penalty sends a clear message that people will not be allowed to get away with ignoring planning laws and renting out properties illegally,” says Brent councillor Shama Tatler, its Lead Member for Regeneration, Property & Planning.
“These laws are in place to protect our residents from being exploited in inferior accommodation and to ensure that Brent’s environment is a great place for everyone to live.”
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Repeat rogue landlord to pay £144,000 after ignoring planning rules | LandlordZONE.
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‘Replace stamp duty and council tax with flat-rate levy paid by landlords’
A controversial proposal to scrap council tax, stamp duty and the bedroom tax, and replace them with a flat-rate tax paid by landlords rather than tenants, has been proposed by a leading think tank.
The Institute for Public Policy Research (IPPR) believes a proportional property tax would help to use existing housing stock more efficiently, rebalance property values across the country and increase spending among lower-income families – but it will hit landlords hard.
Pulling Down the Ladder: The case for a proportional property tax says higher taxes levied on more expensive properties in London and the South East could serve to reduce house prices in those areas, while most households would pay lower tax bills.
The IPPR labels the UK’s current system of property taxation unfair and outdated and believes it has not done enough to address the enormous increase in housing wealth that is primarily concentrated in London and the South East and has disproportionately benefitted the old and already wealthy.
Proportional tax
Introducing a proportional property tax paid by property owners not renters – a flat tax of 0.48% on the current value of residential property – would shift responsibility for payment from tenants to landlords, while a higher rate of 0.96% would be charged for second homes, empty homes, and homes owned by non-UK residents.
It explains: “In terms of the incidence of the tax, this analysis assumes that the full benefit of the reduction in council tax will be borne by tenants, and that a portion of the proportional property tax bill will be passed on to tenants – 66% for private renters, and 25% for social renters.
“In reality, in the long run we might expect the incidence of both of these changes to be largely borne by property owners, rather than by tenants.”
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – ‘Replace stamp duty and council tax with flat-rate levy paid by landlords’ | LandlordZONE.
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Ministers have ‘given up’ on private landlords struggling with rent debt
The government has ‘given up’ on landlords and tenants struggling with post-Covid rent arrears debt, trade body the National Residential Landlord Association (NRLA) has said.
It is concerned that the sector faces a cliff edge as both rising energy prices, the end of furlough and the government’s decision to cut Universal Credit by £20-a-week impact tenants already struggling after months of Covid, and is demanding that the Chancellor introduces an interest-free hardship loan scheme.
The NRLA says renters are most likely to have lost their jobs or been furloughed during the pandemic and now face mounting rent debts.
To highlight the size of the problem, it has published a new report this morning which also highlights how, by the Government’s own admission, the percentage of private tenants in arrears tripled between 2019/20 to the end of 2020 from three to nine percent, and that many of their landlords are also now ‘highly vulnerable to rent arrears’, as the government itself recently admitted.
Interest-free loan
The NRLA is calling on the Chancellor to develop an interest-free, government-backed guaranteed hardship loan to support the majority of tenants with COVID related rent debts who are not eligible for benefit support.
This scheme would help these tenants to pay off their rent debts and would follow the introduction of similar schemes in Scotland and Wales. More broadly, it is calling on the Government to scrap plans cut Universal Credit payments to avoid potentially devastating consequences for tenants across the country.
Ben Beadle, Chief Executive of the NRLA (pictured), says: “Many tenants and landlords have struggled to cope during the pandemic leaving them exposed to the impact of rent debts which they are unlikely to ever pay off.
“By ending furlough and cutting benefits in quick succession, and without the introduction of a targeted package to tackle COVID related rent debt, the Government is worsening an already critical situation.
“Without transitional support, and as the country gets back to normal, the Chancellor will be turning his back on those renters and landlords in desperate need of help.”
Read more: How rent arrears payment plans work.
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Ministers have ‘given up’ on private landlords struggling with rent debt | LandlordZONE.
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