As many experienced Landlords will know, another month goes by no doubt new legislation will be introduced: Our role here at Phily Estates is to ensure we keep one step ahead of what landlords need to know!
Below is a recent list of changes and updates that have come into effect.
The Tenant Fees Act 2019
The Tenants Fees Act 2019 was passed into law in February 2019, and as a result letting fees were banned in England from June 1st 2019, after already being banned in Scotland.
Effectively this ends all payments ‘in connection with the tenancy of housing in England’, unless they come under the list of permitted payments, which includes:
- Tenancy deposit, capped at a maximum of five weeks’ rent if the total yearly rent is under £50,000, or six weeks’ if it’s £50,000 or more
- Holding deposit, capped at a maximum of one week’s rent
- Default payments
- Fees for changes to the tenancy agreement, capped at £50
- Fees for ending a tenancy early if requested by the tenant
- Payment for council tax
- Payment for utilities
- Payment for a TV licence
- Payment for communication services
This means fees for the following will now be prohibited:
- Phone calls
- Anything else that takes up their time
- These fees are typically around £200, though they can be as high as £700 depending on the agency. As a landlord, you may want to consider whether a letting agent will expect you to pick up the cost of these fees.
Three-year tenancy agreements
New legislation in plans published in July 2018 could mean you have to give your tenants a minimum three-year term, including a break clause of six months. This is designed to help renters feel more at ease with financial security and put down roots in their community.
Tenants would be able to leave early, but if they did want to stay, they’d have greater protection against eviction. This legislation is one of several options being considered to give tenants and renters more security.
Update July 2019
At the moment there has been no further movement to introduce three-year tenancy agreements, but we’ll keep an ear out for any more updates.
From April 1st 2018, new private properties for rent are generally required to have a minimum of an E on the Energy Performance Certificate rating scale. This will come into effect for existing tenancies from April 1st 2020, and it will make breaches of this rule – renting properties with F or G ratings – unlawful.
If you breach this rule you’ll be given a warning so you can get your property up to scratch. But if you don’t do this, you may face fines and legal action.
At the moment, you’re able to get tax-free profits of £7,500, but this is going to change as a way of stopping landlords from receiving tax-free profits intended to incentivise people to let out spare rooms.
After potential new rules are in place, you’ll have to be present and resident in the property for at least some time during the letting period to get this money tax-free – this is known as the shared occupancy clause.
Until 2017, landlords could deduct their mortgage interest payments from their rental income, reducing the amount of income that would be taxed.
The government has decided to change this rule and is phasing in a reduction in the amount of interest that can be used to offset income tax.
In the current (2018/19) tax year you can set 50% of your interest against your rental income. This reduces to 25% in 2019/20 and will disappear completely from April 2020. From this point, landlords will receive a tax credit calculated at 20% of your mortgage interest.
This credit will reduce the final tax liability by 20% of your mortgage interest. The overall impact will be to increase the amount of tax paid by most landlords with mortgages.