New headaches for private landlords who could find it harder to evict tenants in future, thanks to new government legislation.
Private landlords will no longer be able to serve tenants with a ‘section 21 notice’, which effectively enables them to cancel the tenancy at the end of the term, without giving any formal reason. This is currently allowed in England and Wales, although the practice has already been outlawed in Scotland.
New rules will stipulate that landlords must provide a ‘lawful’ reason for terminating the agreement. For example, tenants might have fallen into arrears with rent, or the landlord might want to sell the property.
There have been concerns that some unscrupulous landlords have served section 21 notices to tenants who simply complain about sub-standard housing.
Jill Rickson, Principal Mortgage Adviser at Pembroke Financial Services, Independent Financial Advisers based in Shoreham and covering the Brighton area comments “Some buy-to-let (BTL) investors fear that the new law will make it harder for them to evict problem tenants. A ‘section 8’ notice can still be used for eviction, but it can be challenged in court. The government has tried to address these fears by pledging to improve court processes, to make it simpler to take swifter legal action against those who have broken the terms of their tenancy.”
This is the latest in series of legislative changes to hit buy-to-let investors and private landlords.
Profits have been increasingly squeezed as income tax relief has been curtailed and a 3% stamp duty surcharge (4% in Scotland) has been introduced on purchases of additional property.
If you think you may be affected, please let us know.
In conclusion, Jill reaffirms “If you are a BTL investor and thinking of leaving the market, or even just looking at your options, please talk to us. We not only specialise in Buy to Let mortgages but also the tax planning and reinvestment options which can arise from a sale.”
Call us on 01273 774855 or email us by clicking here.
The value of your investments and the income from them can go down as well as up and you may not get back the full amount you invested. The Financial Conduct Authority does not regulate tax advice. Levels and bases of taxation and tax reliefs are subject to change and their value depends on individual circumstances. Tax laws can change. Your home may be repossessed if you do not keep up repayments on a mortgage or other loans secured on it. Think carefully before securing other debts against your home.