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01752 510913

Header – Email Address

info@landlordssouthwest.co.uk

2 Free Tickets for SWLA Members – The Home Building and Renovation Show 2023

Posted on August 21st, 2023 -

Saturday 18 and Sunday 19 November 2023
Bath & West Showground, Shepton Mallet, Somerset, BA4 6QN

To book your free tickets, register here; https://somerset.homebuildingshow.co.uk/swlandlords

 


Does your property meet the Minimum Energy Efficiency Standards (MEES)? Get tailored support to find out

Posted on August 21st, 2023 -

The Centre for Sustainable Energy (CSE) has partnered with the Tenancy Deposit Scheme (TDS) Charitable Foundation to advise and support landlords of privately rented properties to understand and meet MEES obligations. MEES stipulates that privately rented homes must have a minimum EPC of E before they are let.

The main aim of MEES is to help reduce the number of renters who struggle with high energy bills and live in cold and unhealthy homes. Everyone wants to make rented homes more energy-efficient, which can save money and prevent issues like dampness and mould. Both landlords and tenants benefit from better energy efficiency.

When properties are well taken care of, they’re cheaper to run and have fewer problems. This also means that people who live in them are healthier, and it helps to reduce the likelihood of fuel poverty. When homes are properly insulated – residents stay warmer and healthier.

If you’re a private landlord renting out a domestic property on an assured tenancy, regulated tenancy or domestic agricultural tenancy, CSE can help you to:

  • Understand the MEES and how to comply
  • Check the EPC of your property
  • Receive tailored advice on how to make your property more energy efficient. This includes advice on energy-saving measures and reducing damp and mould
  • Assess whether you’re eligible for any funding for installing energy efficiency measures. And where appropriate, can make referrals to funded schemes on your behalf

For full information on the support CSE can offer you, visit www.cse.org.uk/support-for-landlords  or email luke.buckler@cse.org.uk

Article by The Centre for Sustainable Energy


Legal Aid Now Available for All Tenants Facing Eviction

Posted on August 2nd, 2023 -

Housing Loss Prevention Advice Service

Government-funded legal advice and representation (legal aid) is available to any tenants facing possession proceedings.

Help is available from the moment tenants receive written notice that someone is seeking the possession of their home. Tenants financial situation will not affect their right to access this support and they will not need to pay.

A housing expert (funded by the government) will work with tenants to identify what may be causing someone to seek possession of their home and recommend potential solutions. For example, they may be able to provide legal advice on matters such as:

  • illegal eviction
  • disrepair and other problems with housing conditions
  • rent arrears
  • mortgage arrears
  • welfare benefits payments
  • debt

In the event tenants are unable to resolve matters and they are asked to attend a court hearing, a housing adviser can also provide free legal advice and representation at the court.

Article from Gov.uk

For more information;

Legal aid for possession proceedings – GOV.UK (www.gov.uk)

 

Further article on the subject; New FREE court service for tenants risks more landlords facing big eviction costs – LandlordZONE


10% Off Everything This Weekend at B&Q/TradePoint

Posted on August 2nd, 2023 -

PLUS AN EXTRA 10% OFF FOR SWLA TRADEPOINT MEMBERS! 4th – 7th AUGUST 2023


LANDLORD SURVEY – Renters (Reform) Bill – Have Your Say!

Posted on July 14th, 2023 -

Along with ARLA-Propertymark and other Landlord Associations, we are campaigning to ensure that the Renters (Reform) Bill and future UK Government legislation leads to positive changes for the sector. Please complete this survey, all results will be pooled by Propertymark and the responses will be presented to the UK Government.

Private Landlord Survey;

https://r1.dotdigital-pages.com/p/Z6K-175L/renters-reform-bill-landlords-survey

 

Letting Agent Survey;

letting agent survey

 


SWLA Meet with Luke Pollard MP

Posted on July 14th, 2023 -

Luke visited our office on 29th June for meeting with Iain Maitland (SWLA President) and Steve Lees (SWLA Chair) to discuss all things housing. Many discussions were had, mainly highlighting the lack of housing and the reasons for that –

  • Landlords leaving the market – mortgage costs, tax changes, utility bill increases
  • MEES and minimum spends
  • Renters Reform (and removal of Section 21)
  • Rents and LHA Rates

What can we do? Luke heard our views and experiences and takes that knowledge forward for future meetings and discussions in parliament. We look forward to seeing Luke again later in the year – and welcome all South West MPs to our office so we can advocate for landlords who provide quality housing in the Private Rented Sector.

 


SWLA Attend Landlord Event at Exeter Racecourse

Posted on July 7th, 2023 -

The Rent Smart Devon landlord open event was a brilliant afternoon/evening. We had a stand amongst other landlord related businesses and services – we caught up with many of our Exeter based members and spoke to lots of new members who were keen to sign up when they heard what we had to offer our members. Talks were held throughout the day – keeping attendees updated on Renters Reform, Landlord Tax Planning and more.

Thank you to East Devon, Exeter City, Mid Devon District and Teignbridge councils for putting on a lovely event.

If you missed this event – look out for the next one! We will let our members know where and when……


SWLA Celebrate Committee Member’s 90th Birthday!

Posted on July 7th, 2023 -

A huge Happy 90th Birthday to Bob Usher – a valued founder member of the SWLA’s (voluntary) Committee!

CHEERS TO YOU BOB!!

       


1/2 Day Landlord Training Course – Legal Update 2023

Posted on June 29th, 2023 -

Further Legal Update 2023 Course Booked As August Course Now Full

½ Day Landlord Training Course – Legal Update 2023

Wednesday 20th September 2023 – 9am – 1pm

Venue – Online

If you are accredited this will count towards your CPD hours, but the course is open to all.

Cost for SWLA members – £35, Cost for non-SWLA members – £40

 Course will cover 

  1. Renters (Reform) Bill
  2. Fire Safety (England) Regulations 2022 in force January 2023
  3. Smoke and CO new rules
  4. Recent Case Reviews

As well as other relevant issues. 

Places secured upon receipt of payment, book your place through the office 01752 510913.

Course will be instructed by Stephen Fowler from Training for Professionals.


Bank of England Interest Rate Hike to 5%

Posted on June 23rd, 2023 -

The Bank has raised rates for the 13th time in a row. The surprise jump from 4.5% to 5% aims to tackle inflation.

The Bank has been aggressively hiking interest rates for over a year as it tries to get inflation back to its target of 2% – a task that has been complicated by record food prices and high energy costs.

According to the notes of the Monetary Policy Committee meeting, the reason for the big hike in the base rate is because inflation in the services sector has remained persistently high, while wages are growing faster than it had predicted back in May.

Chancellor Jeremy Hunt said of the announcement to push rates up to 5%: “High inflation is a destabilising force eating into pay cheques and slowing growth. Core inflation is higher in 14 EU countries and interest rates are rising around the world, but the lesson from other countries is that if you stick to your guns, you bring inflation down.”

The increase in interest rates will bring further misery to homeowners on tracker mortgages and those about to re-mortgage, but it could benefit savers.

WHY IS THE BANK OF ENGLAND RAISING INTEREST RATES?
The rate of CPI inflation continues to be very sticky: it was 8.7% in the year to April, and again in the year to May. Experts had expected inflation to fall.

It means that inflation is currently over four times the Bank’s 2% target.

Raising interest rates is one of the tools that the Bank uses to try and bring inflation down. The idea is that increasing rates makes it more expensive to borrow money, meaning people have less to spend, and so reducing demand and therefore easing price rises. It had been anticipated that the Bank would raise rates to either 4.75% or 5% today.

 

WHAT IS THE OUTLOOK FOR INTEREST RATES?
Commentators expect that more rate rises could be on the way.

Daniel Casali, chief investment strategist at the wealth manager Evelyn Partners, said: “With inflation still elevated (albeit slowing) and a tight labour market to boot, the Bank may well continue to raise interest rates well into the latter part of 2023. Of course, much will depend on the incoming macro data before the MPC decides on whether to raise interest rates again. For the moment, expect sterling to continue to appreciate against a dollar that is weighted down by a Fed pause on interest rates, at least for now.”

The next interest rate announcement is due on 3 August.

 

WHAT DOES THE RATE RISE MEAN FOR HOMEOWNERS?
Another rise in interest rates spells bad news for those with mortgages and loans. There are more than 1.4 million people on tracker and variable-rate mortgage deals, and these people will often see an immediate increase in their monthly payments.

Eight out of 10 mortgage customers are on a fixed rate. The so-called “mortgage bomb” – with rocketing mortgage rates and a shrinking range of products to choose from – has become a huge issue. An average two-year fixed deal was 2.29% in November 2021, but is now 6.19%, according to Moneyfacts. The average five-year fixed rate is 5.82%.

Article from Money Week

https://moneyweek.com/economy/uk-economy/bank-of-england-hikes-interest-rates-5-per-cent


Sole Trader vs Limited Company: Saving Tax & Other Key Considerations

Posted on June 9th, 2023 -

Article by GoSimpleTax

Register as a sole trader or set up a limited company? It’s a key question to answer when you decide to take the plunge and start your own business because your decision can have major implications.

Even after making a choice, with your business firmly established, every once in a while, you should crunch the numbers to work out whether the legal form you chose is still the right one for you and your business, whether that’s sole trader or limited company.

 

Sole trader v limited company: what’s more common?

  • When people “go self-employed” or start their own business in the UK, most become sole traders. It’s by far the most popular small business legal structure. Sole traders make up more than half (56%) of the UK’s 5.5m small-business population, which amounts to about 3.2m businesses.
  • In addition, there are some 384,000 (7%) ordinary/general business partnerships, which (tax-wise) is like being a sole trader, but you run a business and share responsibility with a partner or partners.
  • Others choose to “incorporate” (ie register) a private limited company and there are about two million (37%) of them in the UK.
  • Whether you become a sole trader, ordinary business partnership member or set up a limited company, it’s remarkably quick, easy and no cost or low cost. All can be done online via the government website GOV.UK.

 

Sole trader v limited company: personal financial risk

A major reason why people set up a limited company concerns personal financial risk. As the name suggests, your personal financial liability is limited, provided that you don’t trade recklessly or fraudulently or give personal guarantees for company loans. That’s because, in law, the limited company is a separate legal entity to its director(s).

The opposite is true for sole trader businesses. In law, there’s no distinction between you and your sole trader business, so you are personally liable for your business debts. That liability is unlimited, which can mean you’re forced to sell off things you own to pay off your business debts, including your car and home. This is less of a consideration if your business is unlikely to build up considerable debts.

 

Sole trader v limited company: customers and staff

Will potential or existing customers care if you run a sole trader business or limited company. Probably not, because being a limited company is no guarantee that your business is more stable, reliable or superior in any way. And being a sole trader is unlikely to prevent you from being able to tender for contracts, either.

Just because you set up your business on your own, doesn’t mean you’ll have to work on your own. Sole traders can employ others and many won’t care whether you’re a limited company or sole trader, because it has no bearing over how much you pay them or how you’ll treat them.

 

Sole trader v limited company: finance and tax admin

In many cases, accessing finance and funding won’t be any easier because you run a limited company rather than a sole trader business. Having a sound business plan can be much more important.

Running a limited company involves much more tax admin when compared to running a sole trader business, which is far simpler. You may be able to do some yourself, although with limited company admin, there’s more of it and it’s much more complicated.

You could pay an accountant to take care of your tax admin, of course, but if you’re operating a limited company, your fees are likely to be significantly higher, because an accountant will need to do more work for you. To save money, many sole traders do all of their own tax admin, including completing and filing their own tax returns, which is made much easier by technology.

 

How are sole traders and limited companies taxed?

 As a sole trader, you’re taxed on your net profits (ie actual profit once all costs have been deducted). HMRC allows you to deduct many expenses and costs from your sole trader income and once any tax allowances have been accounted for and your other taxable income factored in, HMRC will tell you how much tax you owe.

You provide summaries of your sole trader income and expenses to HMRC via your SA100 tax return and SA103 supplementary page (hence “Self Assessment”).

You’re taxed according to the Income Tax band into which your total taxable income falls. You do not pay Income Tax on your first £12,570 of gross (ie total) taxable income, because this is your tax-free Personal Allowance. Thereafter:

  • you’ll pay the basic rate of Income Tax (20%) if your total taxable income is between £12,571 and £50,270
  • the higher rate of Income Tax (40%) if your total taxable income is between £50,271 and £125,140 or
  • the additional rate of Income Tax (45%) if your total taxable income is more than £125,140.
  • 2023/24 tax year for all figures quoted above. Income Tax bands and rates are slightly different in Scotland.

 

The Personal Allowance decreases by £1 for every £2 of net income over £100,000 and if your net income is £125,140 or more, you don’t get any Personal Allowance. If you don’t claim any allowable expenses, you can claim the £1,000 tax-free Trading Allowance.

 Limited companies pay Corporation Tax on their profits (19% for 2023/24 tax year), while Income Tax and National Insurance contributions (NICs) may be payable on salary the limited company pays you, with tax also payable on share dividend payments that you receive (8.75% if you’re a basic Income Tax payer; 33.75% if you’re a higher rate Income Tax payer; and 39.35% if you’re an additional rate Income Tax payer – all get a £1,000 tax-free Dividend Allowance).

 

Sole trader v limited company: which is more tax-efficient?

 There’s a popular perception that operating as a limited company means you’ll pay less tax than if you were a sole trader. In some cases, with certain amounts of taxable profit, it’s true – but certainly not in all cases. And tax changes introduced in April 2023 mean the tax advantages of limited company structure are significantly less than they were.

Let’s look at some examples, to compare your take-home if you were a sole trader against your take-home as the sole director of a limited company.

 

Sole trader               Ltd company           Outcome

 

Profit                                       £20,000                      £20,000                      You take-home

Total tax & NIC                     £2,334                        £2,452                        £118 more as a

take-home                             £17,666                      £17,548                      sole trader

 

Profit                                       £40,000                      £40,000                      You take-home

Total tax & NIC                     £8,134                        £7,670                        £464 more as a

take-home                             £31,866                      £32,330                      Ltd Co director

 

Profit                                       £50,000                      £50,000                      You take-home

Total tax & NIC                     £11,034                      £10,278                      £756 more as a

take-home                             £38,966                      £39,722                      Ltd Co director

 

Profit                                       £85,000                      £85,000                      You take-home

Total tax & NIC                     £25,699                      £25,773                      £74 more as a

take-home                             £59,301                      £59,227                      sole trader

 

Profit                                       £100,000                   £100,000                   You take-home

Total tax & NIC                     £31,999                      £33,469                      £1,470 more as a

take-home                             £68,001                      £66,531                      sole trader

 

Profit                                       £150,000                   £150,000                   You take-home

Total tax & NIC                     £59,270                      £62,424                      £3,154 more as a

take-home                             £90,730                      £87,576                      sole trader

 

*All figures calculated by GoSimpleTax, based on 2023/24 tax year figures, and one limited company director taking £9,100 a year as salary and the rest as share dividends, to minimise their tax liability.

 

At the lower and higher end of the profit scale, operating a sole trader could give you a greater take-home, while you could also save money by doing your own tax admin.

 

However, even where your take-home as a company director is higher, much if not all of that can be wiped out if you have to pay an accountant to take care of your company and personal tax admin. Your monthly fee to an accountant could be, say, between £60 and £120 or more a month (ie £720 up to £1,440 or more a year), so operating as a limited company could in fact be less tax-efficient, not more.

 

How to switch from limited company to sole trader

It’s reasonably simple to change from a limited company to sole trader. You can either close down the limited company completely or make it dormant (ie the company still exists but doesn’t trade or receive income from other sources).

 

  • To close a limited company, usually you need the agreement of its directors and shareholders (easy if it’s just you).
  • If your company is “solvent” (ie has enough cash to pay its bills/debts), you fill out the DS01 form to apply to Companies House to get the company struck off the Register of Companies (£8 fee for online filing) or you can action a members’ voluntary liquidation. Your company accounts and tax returns must be up to date.
  • When you liquidate a company, its assets are used to pay any debts. Any money left goes to shareholders.
  • If the company is insolvent (ie can’t pay its bills/debts), you’ll need to liquidate it or apply for a company voluntary arrangement, so you can pay creditors over an agreed fixed period. Visit government website GOV.UK for more information about closing a limited company.
  • With the company now closed down or dormant, all you’ll need to do is to register as a sole trader for Self Assessment.

 

 

About GoSimpleTax

Income, Expenses and tax submission all in one. GoSimpleTax will provide you with tips that could save you money on allowances and expenses you might have missed.

Our software submits directly to HMRC and is the digital solution for Landlords to record income, expenses and file their self-assessment giving hints on savings along the way.

Covering all self-assessment pages, not just property, GoSimpleTax does all the calculations for you saving you ££’s on accountancy fees.

 



30% of Eligible Pensioners Not Claiming Pension Credit

Posted on May 25th, 2023 -

Article from Plymouth Job Centre Plus, DWP

People of State Pension age may be entitled to Pension Credit even though they may have modest savings, or a retirement income or own their own home. An award of Pension Credit can provide access to a range of other benefits such as help with housing costs, council tax, heating bills and for those aged 75 or over, a free TV licence. If you work with people over State Pension age, or with those supporting them, or know anyone who might be eligible, then please encourage them to find out more.

 

About Pension Credit

Pension Credit tops up weekly income to a guaranteed minimum level of £201.05 a week for single pensioners or £306.85 for couples. It is a tax-free payment for those who:

Someone may still get Pension Credit if they:

  • have not paid National Insurance contributions
  • have some savings or a small pension
  • live with their grown-up family
  • own their own home

Use the Pension Credit calculator to find out how much Pension Credit someone could get – without giving any personal details.

 

A quick guide to entitlement

There are 4 main questions when considering whether a pensioner may get Pension Credit:

1.How old are they?

2.If they have a partner, how old is their partner?

3.What is their weekly income? Is it less that £201.05 if they are single or £306.85 if they are a couple?

4.Do they have any savings? Have they got less than £10,000?

  • People who have more income or savings than this may still qualify for Pension Credit. But these questions are a good basic indication of who is likely to qualify.
  • If they are over 65 and reached their State Pension age before 6 April 2016, they could still qualify for Pension Credit if their weekly income is less than:
  • £240.90 if they are single
  • £351.45 if they are a couple
  • Pension Credit toolkit: advice and guidance for stakeholders – GOV.UK (www.gov.uk)

 

Pension Credit True or False

  • They own their own home, so they’ll not get anything?
  • False – Homeowners can get Pension Credit too. In fact, almost half of the people who get Pension Credit own their own home.
  • They’re not eligible for Pension Credit – it’s for ‘old’ people
  • False – People can claim as soon as they reach the qualifying age, which is now State Pension age.
  • They cannot get a State Pension, so they’ll not be eligible
  • False – They may be entitled to Pension Credit – even if they’re not entitled to a State Pension.
  • They’ve been turned down for Pension Credit before, so it’s not worth applying again
  • False – Personal circumstances could have changed and their income or capital may have changed as a result. The first £10,000 of savings will be ignored when working out if someone can get Pension Credit.
  • It’s too complicated and claiming’s not worth the effort
  • False – they can claim with one simple free phone call Even if someone only gets a small amount of Pension Credit, it can open the door to receiving other benefits and services like Cold Weather Payments and free dental treatment.
  • However, if they wish, people can fill out a paper claim form, which can now be downloaded from the GOV.UK website or an online claim can be made.
  • The Pension Service will also help them to claim other benefits (like Housing Benefit, which can help with paying rent) if they’re entitled to those as well.
  • However, they’ll need to contact their local council direct if they wish to apply for a reduction in their Council Tax

 

Useful Links



Renters Reform Update

Posted on May 19th, 2023 -

Information relating to the Renters (Reform) Bill which was introduced to Parliament on 17 May 2023

The Renters (Reform) Bill will deliver on the government’s commitment to “bring in a better deal for renters”, including abolishing ‘no fault’ evictions and reforming landlord possession grounds. It will legislate for reforms set out in the private rented sector white paper published in June 2022.

Please note – 17 May 2023 was the Bill’s first reading in Parliament. The next step is a second reading which is where MPs have a chance to debate the themes of the Bill. You can track the progression of the Bill here; https://bills.parliament.uk/bills/3462

Overview of Bill measures

The Renters (Reform) Bill will improve the system for both the 11 million private renters and 2.3 million landlords in England. The Renters (Reform) Bill will:

  • Abolish section 21 ‘no fault’ evictions and move to a simpler tenancy structure where all assured tenancies are periodic – providing more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction;
  • Introduce more comprehensive possession grounds so landlords can still recover their property (including where they wish to sell their property or move in close family) and to make it easier to repossess properties where tenants are at fault, for example in cases of anti-social behaviour and repeat rent arrears;
  • Provide stronger protections against backdoor eviction by ensuring tenants are able to appeal excessively above-market rents which are purely designed to force them out. As now, landlords will still be able to increase rents to market price for their properties and an independent tribunal will make a judgement on this, if needed. To avoid fettering the freedom of the judiciary, the tribunal will continue to be able to determine the actual market rent of a property;
  • Introduce a new Private Rented Sector Ombudsman for private landlords which will provide fair, impartial, and binding resolution to many issues and prove quicker, cheaper, and less adversarial than the court system;
  • Create a Privately Rented Property Portal to help landlords understand their legal obligations and demonstrate compliance (giving good landlords confidence in their position), alongside providing better information to tenants to make informed decisions when entering into a tenancy agreement. It will also support local councils – helping them target enforcement activity where it is needed most; and
  • Give tenants the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

 

Further improvements to the private rented sector

Alongside the Renters (Reform) Bill, the government are working in partnership with the Ministry of Justice and HM Courts and Tribunals Service, to ensure that, in the small proportion of tenancies where court action is required, court users can use a modern, digital service. This remains a priority for the government. Following the recommendation of the Levelling Up, Housing and Communities Select Committee, the government will align the abolition of section 21 and new possession grounds with court improvements. This includes end-to-end digitisation of the process and working with the courts to explore the prioritisation of certain cases, including anti-social behaviour.

The private rented sector white paper also committed to further reforms to support both landlords and tenants. The government will bring forward legislation at the earliest opportunity to:

  • Apply the Decent Homes Standard to the private rented sector to give renters safer, better value homes and remove the blight of poor-quality homes in local communities. This will help deliver the government’s Levelling Up mission to halve the number of non-decent rented homes by 2030. The government launched a consultation in September 2022 to ensure the Decent Homes Standard is applied and enforced appropriately and fairly in the private rented sector. The government will respond to this and set out the next steps in due course;
  • Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children – ensuring no family is unjustly discriminated against when looking for a place to live; and
  • Strengthen local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity – to help target criminal landlords.

 

All information from gov.uk

For more information on the measures in the Bill, please visit:


The Renters’ (Reform) Bill; Introduced to Parliament 17th May 2023

Posted on May 17th, 2023 -

A Statement from the Department for Levelling Up, Housing and Communities

Update on the Renters (Reform) Bill

The Renters (Reform) Bill will deliver the government’s commitment to a fairer private rented sector. It will legislate for reforms set out in the private rented sector white paper published in June 2022.

The Renters (Reform) Bill will improve the system for both the 11 million private renters and 2.3 million landlords in England. Reforms are carefully balanced and have been developed in consultation with landlord and tenant groups over the past five years. The Renters (Reform) Bill will:

·         Abolish section 21 ‘no fault’ evictions and move to a simpler tenancy structure where all assured tenancies are periodic – providing more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction;

·         Introduce more comprehensive possession grounds so landlords can still recover their property (including where they wish to sell their property or move in close family) and to make it easier to repossess properties where tenants are at fault, in cases of anti-social behaviour and repeat rent arrears;

·         Provide stronger protections against backdoor eviction by ensuring tenants are able to appeal excessively above-market rents which are purely designed to force them out. Landlords will still be able to increase rents to market price for their properties.

·         Introduce a new Private Rented Sector Ombudsman that private landlords must join that is intended to provide fair, impartial, and binding resolution to many issues and to be quicker, cheaper, and less adversarial than the court system;

·         Create a Privately Rented Property Portal to help landlords understand their legal obligations and demonstrate compliance, alongside providing better information to tenants to make informed decisions when entering into a tenancy agreement. It will also support local councils – helping them target enforcement activity where it is needed most; and

·         Give tenants the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

Further improvements to the PRS

Alongside the Rented Homes Bill, we are working in partnership with the Ministry of Justice and HM Courts and Tribunals Service, to ensure that, in the small proportion of tenancies where court action is required, court users can use a modern, digital service. This remains a priority for the government.

The private rented sector white paper also committed to further reforms to support both landlords and tenants. We remain fully committed to implementing these reforms and will bring forward legislation at the earliest opportunity to:

·         Apply the Decent Homes Standard to the private rented sector to give renters safer, better value homes and remove the blight of poor-quality homes in local communities. This will help deliver the government’s Levelling Up mission to halve the number of non-decent rented homes by 2030. We launched a consultation in September 2022 to ensure the Decent Homes Standard is applied and enforced appropriately and fairly in the private rented sector. We will respond to this and set out the next steps in due course;

·         Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children – ensuring no family is unjustly discriminated against when looking for a place to live; and

·         Strengthen local councils’ enforcement powers and introducing a new requirement for councils to report on enforcement activity – to help target criminal landlords.

We’ve put together a helpful guide which explains the reforms in more detail which can be found here https://www.gov.uk/guidance/guide-to-the-renters-reform-bill

Select Committee Response

The Levelling Up, Housing and Communities Select Committee launched its inquiry into the Private Rented Sector Reform in July 2022. The aim of the inquiry was to scrutinise the Government’s plans to, among other things: introduce a decent homes standard for the private rented sector; reform the system of tenancies and abolish no-fault evictions; reform the grounds on which landlords can take possession of their properties; and better protect tenants from unfair rent increases.

The committee sought contributions from key stakeholders including the NRLA, the British Property Federation, Shelter and Generation Rent and members of the public to inform its thinking. The Committee published its report and recommendations in February 2023.
We have considered and responded to each of the committee’s recommendations in our response which we will publish shortly.

 

 

 

SWLA COMMENTS

When it is introduced to Parliament (expected today), the Bill will be published in full, which is known as the ‘first Reading’.

The next step is a Second Reading, which is the first opportunity for MPs to debate the general principles and themes of the Bill. This is expected to take place week commencing 5 June 2023.

The legislation will implement many of the proposed measures from the White Paper ‘A Fairer Private Rented Sector’ that was published in June 2022. This can be read in full here; https://www.gov.uk/government/publications/a-fairer-private-rented-sector

Read the Government announcement here; https://www.gov.uk/government/news/government-introduces-landmark-reforms-to-deliver-fairer-private-rented-sector-for-tenants-and-landlords


Renters Reform Bill – Another Delay

Posted on May 10th, 2023 -

In a Sky News interview last week, Michael Gove announced that the Renters Reform Bill would be ‘out next week’ and introduced into Parliament.  This decision has now been back-tracked due to ‘procedural issues’.

Over the Bank Holiday weekend, speculation was mounting that Tory backbenchers were unhappy with the pro-tenant, anti-landlord sentiment contained in the proposed legislation.

The Bill was first pledged by the Conservative administration back in 2019.

A Department for Levelling Up, Housing & Communities spokesman said: “We are absolutely committed to delivering a fairer deal for renters.

“We will bring forward legislation very shortly, which will include a ban on ‘no fault’ evictions, so that all tenants have greater security in their homes and are empowered to challenge poor conditions.

“We are also introducing a Decent Homes Standard for the Private Rented Sector for the first time ever which will make sure privately rented homes are safe and decent.”


SWLA’s Busiest General Meeting to Date!

Posted on April 20th, 2023 -

We had a great turn out last night at the Future Inn, Plymouth for our General Speaker Meeting. We had over 65 members in attendance.

Huge thanks to our brilliant speakers.

Iain Pring and Sean Bolter from Westcotts Chartered Accountants, shared their extensive knowledge of all things tax related. They discussed tax deductible expenditure, capital gains, inheritance tax planning and Making Tax Digital.

Our second speaker of the evening was Martyn Taylor of Ashley Taylors Solicitors, who made quite a journey in order to present for us. He shared his experience on court possession cases and gave great advice on how to prevent landlord errors in order to ensure a smooth tenancy. Martyn also shared tips on how to gain possession when required. Look out for Martyn’s next webinar, which SWLA members are welcome to join for free.

Thank you to all who attended, it was great to see everyone and we look forward to the next meet!

 


2023/24 Tax Year – 6 Changes Landlords Should Know

Posted on April 14th, 2023 -

Article by GoSimpleTax

What key tax changes are planned from 6 April 2023 and how could they impact you?

 

Income Tax

1. On 6 April 2023, the Income Tax additional rate threshold (ART) will fall from £150,000 to £125,140. When you earn £125,140 or more a year, you don’t get the £12,570 standard Personal Allowance (PA), because £1 of the PA is taken away for every £2 of your income that’s above £100,000.

According to HMRC: “From 2023 to 2024, this measure will impact around 792,000 taxpayers, of whom around 232,000 will pay the additional rate of tax who would not have done so had this threshold [remained] at £150,000.”

  • For those with income between £125,140 and £150,000, the average cash loss is £621 in 2023/24, says HMRC.
  • For those with income above £150,000, the average cash loss is £1,256 in 2023/24, according to HMRC.

2. The additional rate of tax will remain at 45% in England, Wales and Northern Ireland, but it will rise from 46% to 47% in Scotland (the higher rate of Income Tax in Scotland will also go up from 41% to 42%), which won’t be welcome news for higher-earning landlords in Scotland.

 

Capital Gains Tax

3. If you sell property after 6 April 2023, you could well pay thousands of pounds more Capital Gains Tax (CGT). That’s because the annual exempt amount (AEA – how much gain you can make after disposing of an asset before CGT is due) will fall from £12,300 to £6,000 in 2023/24.

  • You could pay many thousands more from 6 April 2024, because the AEA will again be reduced to just £3,000 in 2024/25 for individuals (trustees get half of the two exemption figures stated).

Need to know! After the AEA is accounted for, basic rate Income Tax payers pay 18% CGT on gains made from selling residential property (10% on gains from other chargeable assets). Higher rate Income Tax payers pay 28% CGT on gains made from selling residential property (20% on gains from other chargeable assets).

 

Dividend Allowance

4. From 6 April 2023, the Dividend Allowance will be reduced to £1,000 (it’s been £2,000 since April 2018), which is the amount you can earn in dividend payments before tax is payable. The Dividend Allowance will again be halved in April 2024, falling to just £500.

The amount of tax you pay on dividend income above the dividend allowance, after the Personal Allowance, depends on your Income Tax band:

  • Basic rate (£12,571 to £50,270 taxable income) = 8.75%.
  • Higher rate (£50,271 to £125,140 taxable income after 6 April) = 33.75%.
  • Additional rate (over £125,140 taxable income from 6 April) = 39.35%.

If you own property and receive dividends from your property company, obviously, these changes are more likely to directly affect you. However, they may or may not be relevant if you pay Income Tax on rental income via Self Assessment but also receive dividend income from shares that you own.

 

Stamp Duty

5. Landlords planning to buy another property, holiday home or buy-to-let property for more than £40,000 will need to pay an additional 3% on each tier of stamp duty in England and Northern Ireland, and an additional 4% in Wales and Scotland.

In England and NI in the 2023/24 tax year that equates to:

Property price                        Stamp Duty Rate

Up to £250,000                                               3%

£250,001- £925,000                                        8%

£925,001-£1.5m                                              13%

More than £1.5m                                            15%

 

Overseas buyers must pay a 2% surcharge on top of the normal Stamp Duty rates, as well as a 3% buy-to-let surcharge. So, for holiday homes or buy-to-let properties, if you’re an overseas buyer you’ll pay 5% more than the standard rate for UK nationals.

Need to know! The Stamp Duty threshold will fall back down to £125,000 from March 2025. It was doubled in the September 2022 mini-Budget.

 

Making Tax Digital

6. HMRC has delayed introducing Making Tax Digital for Income Tax (MTD for ITSA). It was planned for introduction from April 2024, for sole traders and landlords with a taxable income of more than £10,000, which may have encouraged many landlords to voluntarily start complying with MTD requirements this year.

However, the first phase of MTD for ITSA won’t now be introduced until April 2026 and will only impact those with taxable income of more than £50,000 a year. Further phases of introduction are planned after April 2026.

 

Time to file your Self assessment tax return?

You can file your 2022-23 Self Assessment tax return any time from 6 April 2023. According to HMRC, 66,465 2021/22 Self Assessment tax returns were filed on 6 April 2022 (almost double the 36,939 Self Assessment tax returns filed on 6 April 2018). You don’t have to be such an early bird, of course, but the sooner you do it, the better.

Need to know! Apart from enabling you to avoid the annual headache that can result from leaving your Self Assessment tax return until January, with the online filing deadline looming on midnight 31st, getting it done earlier means you can find out much sooner whether you’re due a tax rebate.

 

About GoSimpleTax

Income, Expenses and tax submission all in one. GoSimpleTax will provide tips that could save you money on allowances and expenses you might have missed.

Software submits directly to HMRC and is a digital solution for Landlords to record income, expenses and file their self-assessment giving hints on savings along the way.

Covering all self-assessment pages, not just property, GoSimpleTax does all the calculations for you.

 

SWLA members receive a 25% discount off GoSimpleTax via www.gosimpletax.com/swla


Do you currently file a paper tax return for your Self Assessment?

Posted on March 31st, 2023 -

Article by GoSimpleTax

HMRC has advised that for the 21/22 tax year, 385,000 taxpayers filed paper Self Assessment tax returns. If you were one of them, this could affect you, as HMRC is currently writing to taxpayers to inform them they will not automatically receive a tax return form for 22/23. Letters are currently being sent out between 23rd March and 4th April 2023.

This is a step in pushing taxpayers to file online as part of the government’s objective to have everyone interacting digitally with HMRC and other government bodies.

 

Who will receive a letter?

135,000 taxpayers who normally file their Self Assessment tax return on paper will receive a letter from HMRC, which will advise them they won’t receive a tax return form automatically this year. Instead, they will be asked to file their return online via gov.uk or by using commercial software.

 

The digital future

HMRC has a target over the next two years to reduce the volume of letters and forms it sends out via paper. It will continue to persuade taxpayers to use its digital channels where possible which is usually quicker and easier than communicating via post or over the phone.

 

What if you cannot file online?

Should you not have internet access you are advised to contact HMRC on 0300 200 3610 where you can request a paper form to be sent to you.

Taxpayers aged over 70, who are not already filing digitally and who do not have a tax agent appointed will continue to automatically receive a paper tax return form. Likewise, those who are not digitally capable, such as disabled employers who may employ personal assistants and carers – in these circumstances they will be able to choose to communicate with HMRC non-digitally.

There are other exclusions and special cases from online filing, listed on gov.uk, in which the taxpayer can use digital software to print the form in a format acceptable to HMRC.

 

About GoSimpleTax

Income, Expenses and tax submission all in one. GoSimpleTax provide tips that could save money on allowances and expenses that may have been missed.

Software submits directly to HMRC and is a digital solution for Landlords to record income, expenses and file their self-assessment giving hints on savings along the way.

Covering all self-assessment pages, not just property, GoSimpleTax does the calculations for you.


Landlords to be Given More Powers to Evict Anti-Social Tenants

Posted on March 29th, 2023 -

The UK Government has announced an action plan to crack down on anti-social behaviour giving more powers to the police to target perpetrators with swift and visible justice in England and Wales.

16 areas will be funded to support either new ‘hotspot’ police and enforcement patrols or trial a new ‘Immediate Justice’ scheme. A select few areas will trial both interventions and following the initial trailblazers, both schemes will be rolled out in 2024.

A new reporting tool will also be developed over the next twelve months to act as a digital one-stop shop where people can quickly and easily report incidents of anti-social behaviour.

Under the zero-tolerance approach, nitrous oxide or ‘laughing gas’ will also be banned. The drug is now the third most used among 16 to 24-year-olds in England and both the police and the public have repeatedly reported links between the use of the drug and nuisance or anti-social behaviour.

Renters’ Reform

The UK Government’s plan to reform the private rented sector outlines tougher enforcement on nuisance tenants.

Faster grounds for possession

The Action plan highlights that sustained acts of intimidating or disruptive behaviour will not be tolerated and should lead to the eviction of the tenant involved. The UK Government will be changing laws and arming landlords with tools to ensure that anti-social tenants will face consequences including making the grounds for possession faster and easier to prove.

Other measures include:

  • ensuring all private tenancy agreements include clauses specifically banning anti-social behaviour
  • expand the discretionary eviction ground, to make anti-social behaviour easier to prove in court and speed up the process of evicting by exploring how to prioritise these cases in Possession Lists in the courts
  • preventing short-term lets importing anti-social behaviour into communities, with a new registration scheme to give local authorities data to easily identify short-term lets to act against if a let proves problematic. A consultation on the registration scheme will be published shortly

Clarity for letting agents and landlords needed

We need to see clarity on how the measures will work in practice and when the new legislation will be in effect, until then landlords will continue to struggle to evict nuisance tenants.

Article by PropertyMark; https://www.propertymark.co.uk/resource/landlords-to-be-given-more-powers-to-evict-unruly-tenants.html


01 April 2023 – All Commercial Let Properties Must Have EPC E or Above

Posted on March 29th, 2023 -

THIS INFORMATION IS FOR THE NON-DOMESTIC PRIVATE RENTED SECTOR – COMMERCIAL LETS

  • From 01 April 2018 – EPC rating E or above required on new & renewing leases.
  • From 01 April 2023 – EPC rating E or above required on all leases, including existing leases.

In 2018, changes to the law made it illegal to sign a new or renewed lease for a non-domestic property that does not meet the MEES regulations, meaning for any property with an Energy Performance Certificate (EPC) rating of F or G.

From April 2023, the regulations will extend to all privately rented properties, including those where a lease is already in place and a property is occupied. Therefore, unless an exemption applies, it will be unlawful to continue renting out any property that does not meet the new regulations.

It has been estimated that up to 20% of non-domestic properties could have an EPC rating below an E, meaning that unless they were upgraded to meet the minimum standards or an exemption is successfully registered, it is now illegal to rent them.

Enforcement of the regulations is carried out by the local authority. Where a property does not meet the regulations, landlords can be fined up to £5,000 per property or up to 10% of the rateable value of the property. In addition, there is also a risk of loss of value of the property, with the marketability likely to suffer and lenders, banks, and pension funds less inclined to consider properties that are EPC band F or G.

Exemptions

There are a number of exemptions available to landlords. The full list can be found in the Non-Domestic MEES Guide. However, it is important to note that most exemptions are only valid for a maximum of five years. After this time, landlords are required to resume efforts to improve the EPC rating of their properties. To register for an exemption, visit the government webpage, Register an Exemption.

Proposed Timeline

Further changes to the MEES regulations are expected over the coming decade.

  • In 2025, the minimum standard is expected to rise to an EPC band D.
  • In 2027, the minimum standard is expected to rise to an EPC band C.
  • In 2030, the minimum standard is expected to rise to an EPC band B.

 

Article from Elmhurst Energy; https://www.elmhurstenergy.co.uk/blog/2023/03/28/changes-to-non-domestic-mees/


Updated How to Rent Guide Published 10am, 24th March 2023

Posted on March 24th, 2023 -

An updated ‘How to Rent Guide – The Checklist for Renting in England’ has been published by the government.

https://www.gov.uk/government/publications/how-to-rent

Landlords or letting agents should give the current version of this guide to the tenant when a new assured shorthold tenancy starts. There is no requirement to provide the document again if the assured shorthold tenancy is renewed unless the document has been updated.

All new tenancies and renewals from and including 24th March 2023 will need this new version provided!

 


SWLA Donate £700.00 to Local Charity – FULLHRH

Posted on March 22nd, 2023 -

Feeding the Unfortunate, Lost, Lonely, Hungry, Rough sleepers and Homeless – a local charity who gather people together over food, supporting local people who may need extra support.

Andy Metcalf of FULLHRH receiving a cheque from Steve Lees, SWLA Chairman.


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