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How To Rent Out Your Home

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The Credit Crunch Just Got Scary

Published in Property and Home on 14 May 2008

Struggling to sell in today's difficult property market? You could rent out your home instead.

"Sell! Sell! Sell!" The shouts echo across the country, as homeowners rush in their thousands to the nearest estate agent, crushing their original asking prices into oblivion in a panic to escape the massive property market crash ...

OK, so I think we'd all agree things aren't quite that bad. (Although I think some Fools would add: Yet.)

Still, there can be no disputing that it is becoming increasingly difficult for homeowners to sell their homes in today's uncertain market.

According to property valuation agency Hometrack's latest index, properties are taking, on average, more than nine weeks to sell -- 50% longer than this time last year. And sellers are achieving just 93% of the asking price on average, compared to nearly 96% a year ago.

So I wasn't surprised when I received an email from a reader who has been trying to sell her home for quite some time without success. "It seems that the only people currently selling houses in our area, Swindon, are those who are prepared to drastically slash prices," she writes. "We are now trying to work out whether we would be better off keeping our current property and renting it out, instead."

This is certainly a strategy I'd certainly consider if I had to sell my home today and couldn't achieve the asking price I wanted.

After all, over the long-term, property has proved a good investment. Sitting tight and seeing out this current dip in the market by letting your home could prove very Foolish indeed.

Financial Benefits

As well as seeing out the downturn, there are other sound financial reasons to let your home as well.

The rates on residential mortgage deals are much lower than buy-to-let deals. And, as a former occupier of the property, some lenders -- such as Nationwide and HSBC -- will allow you to stay on your current, residential mortgage deal for as long as it lasts. Others, such as Alliance & Leicester, will charge you a nominal fee of around £100 a year (but will not increase the rate).

If you're currently a borrower with one of these lenders, your mortgage payments should be much cheaper than if you were a professional landlord. And you won't need to prove the rent can meet the mortgage payments, as you would with a buy-to-let mortgage.

Unfortunately, other lenders, such as Halifax, look at the matter on a case-by-case basis and may refuse to consent. This means you could be forced to remortgage to an expensive buy-to-let deal, potentially incurring penalties as well for redeeming your mortgage early.

To avoid this risk, you may be tempted not to tell your lender you are renting out the property.

Unfortunately, you are legally obliged to do so. You must also ask for a 'consent to lease'.

If you do not inform them, you are in breach of the conditions of your mortgage contract, according to the Council of Mortgage Lenders, which claims lenders are "very likely to charge you retrospectively a higher rate of interest".

None of the lenders I spoke to (including Halifax) actually claimed they would do this - and certainly it would be difficult for a lender to know whether or not you are living in the property -- but the fact remains, it is illegal not to inform your lender.

And it is absolutely vital that you inform your buildings and contents insurance provider, as otherwise any loss or damage caused by the tenant to your property or to others' property may not be covered.

Capital Gains Tax

You normally have to pay Capital Gains Tax (CGT) -- now levied at a flat rate of 18% -- when you sell a property which is not your private residence.

However, you don't have to pay CGT on a property you have lived in, if you sell it within three years of moving out.

And, even if you sell it after those three years are up, you would qualify for Letting Relief on £40,000 of the gain, on top of your usual CGT Allowance (£9,200 for this tax year).

How do you work out 'the gain'? This is extremely complicated, but here's a simplified explanation:

1. Figure out the difference between the price you bought the property for and the price you sell it for. That is the overall gain.

2. Subtract the cost of any home improvements you have made during this time. 

3. Work out the proportion of time you have let it, in relation to the amount of time you have owned the property. Then divide the overall gain appropriately.

For example, let's say you have owned the property in your sole name for 20 years and let it for the final eight years. For the final three years it was let, the property was still classed as your private residence - so, for tax purposes, you can subtract these three years from the eight years you have let it.

That means, for tax purposes, you have actually only let the property for a quarter of the time you have owned it (in this case, five years out of the twenty). So you should divide the overall gain by 4.

Confused? Here's a worked-out example. The property was worth £100,000 when you bought it 20 years ago  and it is now worth £300,000. You lived in it for 12 years and rented it out for eight years. After your private residence relief is taken into account, the gain would be £50,000.

Your Letting Relief and CGT Allowance would come to £49,600 in this tax year so you'd pay 18% tax on the remaining £400 -- a total tax bill of £72 on a £200,000 gain. (Thanks to Fool readers JonEBehr and Ray126 for all their help with this calculation!)

What's more, you wouldn't need to pay any CGT at all, if you could prove to the Inland Revenue that you couldn't occupy the property for any reason (for example, if you got a job abroad or in another part of the country).

There are complicated rules if you rent or buy another property, however, as you can only have one private residence at a time. So I would strongly advise you to seek the services of a chartered accountant.

As I explained in Cut The Costs Of Buy-To-Let, he or she will also be able to advise you about the income tax expenses you can offset against your rental income. (Your accountants' fee being the first such expense.)

The Drawbacks

Of course, there are drawbacks. Renting out a property instead of selling it will not be the best strategy for everyone.

For example, if you are planning to buy a new property, you need to be sure that:

  •          you don't need to sell your current home in order to put down a deposit on your new home. Remember, mortgage rates have increased recently and you could struggle to find a deal at an affordable rate without a 10% deposit.
  •          the money you receive in rent will cover the mortgage payments on at least one of the properties you will own; or you have enough surplus income to cover any shortfall.

Remember that you will have to pay income tax on your rental income at whatever rate you currently pay, and that you will need to be able to pay for repairs on the property, as well as keep up the mortgage payments when the property is empty between tenants.

Furthermore, as a landlord, you have to ensure the property complies with safety regulations and certain legal requirements. For example, you must:

  •              Fit smoke alarms and extractor fans
  •              Have gas appliances inspected by a CORGI-registered engineer 
  •              Ensure upholstered furniture is fireproof
  •              Register with the Tenancy Deposit Scheme
  •              Find out whether you need a House In Multiple Occupation licence.

Still, despite all the hassle and drawbacks, if you are struggling to sell your home right now, you could find renting it out instead is just the solution you were looking for.

More: Ask our award-winning mortgage brokers for advice | Landlords: The Best £20 You'll Ever Spend | Cut The Costs Of Buy-To-Let

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

cathview 15 May 2008, 8:04am

In a falling market, you make the suggestion to double your exposure to housing!

While the original mortgage may well be covered by the rent on the property let out.

You will then have people effectively cross subsiding those that rent your property as you will need a new much larger mortgage for the new propety

onlyroz 15 May 2008, 1:32pm

I tried being a landlord for six months, and found it extremely stressful. We moved out of our flat and into a house, and decided to rent out the flat. We remortgaged the flat to 85% of its value and used the remortgage money as a deposit on the house. Then we paid all the fees to get the flat certified for gas and electrics, and paid an estate agent an exhorbitant fee to find us a tenant and to manage the property. Everything would have been OK if the tenants had paid the rent on time, because the rent just about covered the mortgage, with a little to spare. Except that the tenants were invariably late with the rent leaving us with a few days to scrabble around for £600 to pay the mortgage. In the end we sold the flat, paid the early repayment charge on the mortgage, and ended up with a nice profit.

My advice is that being a landlord can be profitable if you've got enough spare money to cover the times when the property is empty, and to cover any unexpected repair bills (like when your tenant calls out a washing machine repair bloke because they're too stupid to figure out how to use the washing machine). We were on the borderline of being able to pay the mortage, so things were way too tight for our liking, and we bailed out.

The plus side is that the purchase of your new property is not dependent on the sale of the old one. The big downside is that getting good tenants who pay their rent on time is not by any means guaranteed. Think it through carefully and seek financial advice before going by this route.

Baldybonce 16 May 2008, 6:34am

We started to rent when we kept my girlfriend's (now wife) flat. we now have three properties that we rent out. We have been doing this since 1995 so have grown up with the changes in the law.

A key to this is negotiate hard with a letting agent or do it yourself. Register a company so that you can do credit checks through the relevant agencies (You need to be a company), alternatively the agent if you choose to use one should do this.You shoudl hold their feet to the fire if they get you a tenant with a poor history. By the way we don't use them and genuinely find them more cost than they are worth.

References are absolutely essential as is asking a high enough deposit, if they cannot afford a deposit they are probably not worth having (not all bad but usually a reasonable definition of hassle) If you have bought well for captial appreciation but in a poor rental area then this solution is not worth while. Like everything know your market. Our experience is that we aim for the single bed market and try to identify long term tenants, this usually means mid to older aged couples. We have moved into a three bedroom house but only did this when we had already confirmed with one good existing tenant that they would like to rent a bigger place from us.

Often this first rental was your home, it is a big mental switch to look at it as just another box. Practical furnishing and fittings, clean, tidy and well but neutrally decorated. Unless you are lucky it is normally a buyers market. Think redecoration regularly, certainly each time the flat becomes vacant, say every 2-3 years. This should be simple emulsion and hard wearing quality flooring. Everybody loves a bright clean house and this ensures that you rent at the top of the market.

The registration of a company means that you can run the management of the property through this entity and this makes the cost effective acquisiton of goods for the properties and servicing VAT and income tax efficient e.g. you can charge your company for your services to manage the property.

If you are not making 10-15% above the mortgage repayment plus the insurances, then after including a percentage of non-occupancy and service costs you are probably subsidising your tenant's life style.

We have consistently grown a small monthly income and of course capital gain in recent years.

Final points, get direct debits, the biggest problem tenant we had was a cash payer, do not buy through property clubs (such as Inside Track which recently went into receivership / administration) I'll stay off the slander and libel areas, just let's say that they are in it to make a lot of money and there is only one place they are getting that.....YOU.

Cheers
Baldybonce

newgossip 16 May 2008, 8:54am

Are you sure it is possible to find a tenant for a property you can't find a purchaser?

rosybee 16 May 2008, 9:06am

Several years ago Mark Fairweather and I wrote a book for Cavendish, entitled Letting Your Peoperty. It included a great deal of good advice and our own assured shorthold tenancy agreement. I think the book may still be availabkle from Amazon, although the website that originally came with the book may be no more, as Cavendish have changed hands.

I rented out property for 14 years with few hassles, largely because I followed my own advice (see above).

pepsicat1 16 May 2008, 9:14am

We wish to travel for a year and rent our home out. Does anyone know where we would get cover for buuildings and contents. Thanks.

DynamoHill 16 May 2008, 9:18am

"It seems that the only people currently selling houses in our area, Swindon, are those who are prepared to drastically slash [sic] prices,"

It's called market value - i.e. the value you can sell for not a notional one suggested by an estate agent.

W.r.t. renting - if your rent pays 125% of your mortgage interest then it's worth it (allows room for voids/repairs). There will be no significant capital growth over the next five years as the bubble deflates to 'make up the difference' - the BTL model being followed by so many!

Else you are better off taking the 15% hit in prices (after all you should get 15% off whatever you are buying).

fharakis 16 May 2008, 9:39am

You say in the article that the tax on a profit from selling the property is £144. How did you calculate this as I make it much higher

danni001 16 May 2008, 10:23am

Think we are working from last years figures here, CGT allowance for 08/09 is £9,600 for each individual. It should also be noted that if a property is held jointly then you take advantage of both allowances, which is worth noting when letting property even if you do not intend to sell it until some time in the future. Setting up a Limited Company is also a beneficial way of handling Income Tax as profits can be drawn as Dividends with only 10% tax payable up to your 40% tax bracket. But this is only worth the additional expense, as you will have to file accounts, annual returns and Corporation Tax Returns, if you are making enough profit to cover to them. There are a number of Statutory Duties to fulfil and these must under no circumstances be neglected and if you don't know what you are doing then you must employ someone who does.

As for rental agents, I have already learned by lesson on that one, especially seeing as my property didn't even make it to the particulars or internet before a tenant was found, less than a week. The agent saw fit to charge their 10% fee for the entirity of the let. Although it was a 12 month let with a 6 month break clause I was told by the spotty teenager that they will take the full let for the entire 12 months and then refund me any difference if the tenant chose to leave after 8!! I laughed and said 'I don't think so' and subsequently only 6 months fees were taken, from the first months rent (rage) which I think left me with the grand sun of £12.08!!! Be warned, read the small print VERY carefully and negotiate hard. Afterall, I am sure that they want your business.

dneale123 16 May 2008, 10:51am

I needed to move 6 years ago because of poor employment prospects where I was living. I rented out my existing house and bought another 50 miles away at the same time. So far the experience has been reasonably good, and the house is still tenanted. There have been a couple of voids and a few unexpected expenses (most notably when some tenants kindly left me with the need to fumigate the house and renew all the carpets after a moth infestation - I kid not!), but on the whole the experience has been modestly profitable and the house has steadily gained value too.

For what they're worth, here are some suggestions based on my limited experience:

1. If you find a good letting agent it's still probably worth using them unless you live nearby.

2. Consider the letting market in the area round your existing house carefully. My rental house is in a city centre area popular with young professionals, and I enjoyed living there myself for over 10 years. If you don't like the area you're living in and want to move somewhere nicer the chances are that others won't be too keen on renting there.

3. Don't leave yourself without a good cushion of cash. Murphy's Law suggests that the less spare cash you have the more will go wrong! And as with all investments, avoid the situation where you're forced to sell near the bottom of the market (another good reason for ensuring you have enough spare cash).

Good luck!

JonEBehr 16 May 2008, 11:26am

you don't have to pay CGT on a property you have lived in, if you sell it within three years of moving out.

And, even if you sell it after those three years are up, you would qualify for Letting Relief on £40,000 of the gain, on top of your usual CGT Allowance


This is an inaccurate summary of the situation and perpetuates a widely-held misconception about the "final 36 months" rule. Private Residence Relief doesn't work as described and £40k is just one of the maxima for Lettings Relief.

Check out the overall picture of Private Residence and related reliefs in HelpSheet283 which you can save for subsequent study via this link:
http://www.hmrc.gov.uk/helpsheets/hs283.pdf

Cheers!

wils1234 16 May 2008, 11:40am

I can't believe you are suggesting the possibility of owning two properties in a falling market!

lenodski 16 May 2008, 12:03pm

I can't believe you are suggesting the possibility of owning two properties in a falling market!

Are you completely ignorant to the facts? The idea is that instead of selling your property for a heavily reduced price (if you can sell at all!) you KEEP your property through this market down-turn and then if you still wish to sell when the market picks up you will get good value on it? It's not rocket science!!!

lenodski 16 May 2008, 12:04pm

oops - 2nd paragraph above shouldn't be as a quote... my mistake

dneale123 16 May 2008, 12:20pm

I'm with lenodski on this one, with the proviso that you take care not to end up in a situation where you are forced to sell at a bad time (as with any long-term investments). Ensuring that you don't embark on letting a house in a poor rental market and that you have enough spare cash from the start should help this. If you can't meet both these criteria you'd probably be better advised to sell.

broonbiker 16 May 2008, 1:11pm

Not sure JonEBehr what you perceive is the problem with the interpretation of the 36 months CGT private residence rule. As the recommended HMRC leaflet states:
"The final 36 months of your period of ownership always qualify for relief, regardless of how you use the property in that time, as long as the dwelling-house has been your only or main residence at some point."

That's the crucial bit. It has to have been your only or main residence for a period. If not all of the period of ownership you have to time apportion the gain, but you still get the last 36 months. The examples in the leaflet are quite useful on this point and illustrate what happens if you move to another property within the three years prior to sale.

leftforgood 16 May 2008, 1:22pm

We emigrated to USA from Northern Ireland 6 months ago and have had our house on the market now for about 14 months. We have agreed a sale 4 times and each time the sale hass fallen through due to the collapse of the chain. We have dropped our asking price by 55k (20%)and STILL can't get a buyer. We haven't had any offers in over 6 months. The market is COMPLETELY dead in Northrn Ireland. We are starting to struggle with paying rent in the US and also paying the mortgage at home and are considering renting out for a while (maybe a year) to cut our costs and then try and get a reasonable price when (if) the 'upturn' comes. The rental income won't cover our mortgage payments but we're not really left with many more options I think. Opinions on this idea would be appreciated.

Baldybonce 16 May 2008, 1:40pm

Dear Leftforgood

I think you illustrate one of the occassions when it is useful to rent at a loss, when it is to reduce an already monthly income based bigger loss.

When I decided to take a business risk and go into start-ups we recognised that living in our house was going to be a drain. We decided to rent a downsized house and cover our mortgage and a significant amount of the new rent by letting our main residence.

We had high expectations of a good rent (we used an agent because we wanted a corporate let this was year 2000) and after 2 weeks a corporate let had come round and said she would definately take the property but needed to pay GBP500 less that the @3500 we wanted. We turned her down and it took another 2 months to rent for GBP3200. So lessoned learned, over the 12 months we rented the property we never recovered the GBP6k we lost versus the GBP2400 we gained. Maths are clear it would have taken nearly 3 yrs.

Rent out your property on 6 month lets, reduce your cash haemorrhage, save some of the reduced outgoings for a fighting/redecoration fund and have a go again in 18 months or so.

terentius41 16 May 2008, 1:53pm

Went along the avenue of selling a flat my wife and I own and had been renting out. In present market would have had to sell well under value. If put money in 'bank', interest after tax would have been less than renting out again at market rent. Got rental agent to view and give idea of market rent. Rented out flat without using agent (would have cost 12.5% +vat of rent). Now have rental income after tax in excess of monthly income that would have come from capital sum if we had sold. Most important; we still have our asset, the flat, at the end of the day. If you go the no agent way, you need to get right tenant so need to check well and need to draw up a good contract. Rental agents like estate agents are parasites.

Torrels 16 May 2008, 2:00pm

when you say "you will have to pay income tax on your rental income at whatever rate you currently pay," - I assume that this only applies to the profit i.e. Rental less morgage (Interest portion only) less expenses? or does this cost off-setting only apply if you are a Limited company and as a private individual you pay income tax on the full rental, regardless of what the associated costs are?

maryfairy 16 May 2008, 3:07pm

In my experience it is well worth considering renting out your property if you can't afford to live in it. I was struggling in 2001 and rented out my London flat and moved to a rented cottage in the country. The rental income in London paid my mortgage and most of my rent in the country and I had an interest only mortgage, all of which is tax deductable (as well as wear & tear, costs of improvements etc). When I sold in 2006 I claimed relief as it had been my home for 18yrs and that plus taper relief plus the allowance meant I had no CGT to pay, despite the property increasing in value by 50% since 2001. In this market I would rent out and sit out until the market lifts again as owing a property will give you long term security.Consider doing what I did and move to a cheaper place so your rental income goes further!

john8pies 16 May 2008, 3:08pm

particularly to onlyroz (above) but may be of interest to others....some estate agents / management firms actually `guarantee` your rent for a certain number of weeks even if the property is empty or the tenants haven`t paid; it may be worth finding them.

My only other point is that I suppose it`s a great idea to let out your house if you`ve already paid off your mortgage and / or you have somewhere else you can live in free (eg, you`ve inherited another property). Sadly, I haven`t!!!!!

maryfairy 16 May 2008, 3:16pm

Oh and by the way, I definitely would NOT use a letting agent if you can manage it yourself! I explored legal advice and downloaded lease templates from the web then tweaked what I had using my own lease that I had to sign (I rented a cottage from an agent in the country)so that my lease was almost exactly like the one I had signed but with clauses to suit my property (ie No pets).I interviewed all applicants myself after advertising in London papers and online and vibed people- I held out for the right one rather than rent quickly to one that worried me- and never had a bad tenant. However, when I did give the property to agents to let for me, they failed to find anyone suitable and were willing to accept the first people who would take it- even though they were completely unsuitable (ie had a cat for a top floor flat with no garden or exit!). The worst thing I think is that if you do a good job as landlord and your tenant wants to stay on and renew the lease, the agent then takes another fee all over again for doing nothing! Do it yourself I say and do it better with more care.

Ray126 16 May 2008, 9:03pm

Message please for Donna Werbner.



Are you sure? My understanding is that for CGT, the gain is calculated having regard to the original acquisition cost and then time apportioned,rather than "what the property was worth when you started renting it out".

I also understand that the same principle applies to improvements ie that account be taken of all improvements throughout the period of ownership and then time apportioned, rather than just the improvements from when the property started being rented out.

Please check and advise. Many thanks.

Garnet23 16 May 2008, 9:23pm

Can anyone tell me whether I have to pay CGT when I sell a house I bought for my dad to live in rent free for 9 years or whether I can live in it after he moves out and not have to pay CGT.
PS I have tried to get housing benefit for him but not allowed as I'm a relative - I've had to maintain it myself for the past 9 years and he can't get sheltered accomm because of the long list - not fair!

kittzy 16 May 2008, 9:38pm

Hi, Theres another angle to renting off your home, not sure if you are aware of it or if its only available in our area but we are renting off our home in about a months time, we have approached our lender (nationwide) and had approval for 4 years (renewable)we also approached our council, who will pay us a fixed (slightly below market value) rent wether it has a tennant or not (unlikely) there is a choice of 2 schemes,we are looking to long term as a pension fund and also hoping to pay off the mortgage faster so that we may then benefit from the rental. We haven't done this before but my ex neighbour did the same thing and her tennant has been there for the last 4 years as good as gold. Also wanted to do this because 11 years ago we were homeless with a baby and i wish we had had the opportunity to rent somewhere nice like this. Homeless doesn't mean hopeless, i left my rented council flat in beautiful condition when we bought this house, fully carpeted and decorated in good taste and imaculate. I do it for the kama hehe.

craigsg 16 May 2008, 10:17pm

kittzy, if your property is approved by the council they will guarantee to pay you a specified rent, and as there is more than likely a shortage of council accomodation in your area they will move in a suitable council tenant. ( I read an article today that said there are something like 1 million people that are in need of council accomodation )

Anyway, thats not the point I wanted to make. I think people here are being too harsh on estate / letting agents. I have a few properties, 1 in Croydon, South London, that has been let and fully managed by agents for the last 5 years and although I pay them 14% of the rent I am very happy with the service they provide. I have had outstanding tenants and they sort out EVERYTHING, especially as I now live 200 miles away.

I have a property in Milton Keynes that ( through an agent ) was let within 1 week for a negotiated 1/2 a months rent, £575.... on a 'find a tenant only' basis.

Surprisingly 'up north' in Cheshire, for the same service, has cost me 1 months rent, £625 on a house worth half of what the one in Milton Keynes is... wierd. But here's the thing... it took them literally 16 hours to find us a suitable tenant. Thats how good the letting market is.

If you have a nice clean house in a good area, you will have no problem getting a decent rental in today's climate. Our house in Cheshire was on the market to sell for 13 months... and in less than a day we have rented it for an above average rental, and it's the database and resources that estate agents have at their disposal that enabled them to let our house so quickly, well worth the first months rent for the convenience.

eliza24 16 May 2008, 10:30pm

Torrels:

You will pay Income Tax only on the profit.

tulip11 16 May 2008, 11:03pm

Hi

I am exploring the possibility of letting my flat so that I can travel for a few months. I'm a first-timer at this! All the tips in this forum are extremley helpful and are helping to put my mind to rest: Get good tenants, get good refs and get tenants to pay by direct debit - but what about the other bills? ie the Council tax, the electricity, the gas, the phone, etc... What happens if they don't get paid? I thought for peace of mind - "I'm sitting here on this lovely beach in Thailand - but are all the flat-related bills being taken care of?" - Is it worth charging an all inclusive price (with some special arrangement for the phone) and keep paying those bills by direct debit?

Has anyone tried this? I'd be grateful for any advice! Cheers

TMFDonna 16 May 2008, 11:30pm

Ray126 - Yes you're absolutely right with regard to the calculation of the gain. So if you bought the property for £100,000 and then started renting it out 15 years later, and then sold it for £300,000 five years after that (so 20 years after you bought it), you would only pay CGT on the gain over the five years you've been renting it out, which is a quarter of the time you have owned the property. So the gain would be £50,000 (£200,000 divided by 4).
On reflection, I think my original explanation is misleading so will try to get it changed - thanks for bringing that to my attention, sometimes trying to simplify matters actually brings more confusion.
I also believe you are right as well about improvements but I will double-check.
If you are going down this route I can stress how important it is to check with an accountant because the rules regarding CGT are really quite complicated, especially if you rent or buy another property.
It's great to see so many comments from people who have done this and are willing to pass on their helpful tips to others. Please keep them coming!
Foolish Regards
Donna (the author)

Ray126 17 May 2008, 6:33am

Donna (the author)

Thank you for replying so quickly, and for clarifying the CGT aspect. Yes please, it would be a good idea to try and change the original explanation - the figures could be very different over a longer term. Please remember that the qualifying period for Private Residence Relief includes the last three years of ownership.

I happen to be a Chartered Accountant in public practice, so thought it important to ask you please to check (just in case the legislation had changed) and also to give you the opportunity to amend the article (if necessary), which is otherwise very good - renting the property at some future time is something I had in mind personally, but this has to be carefully weighed against the potential CGT liability in the event of disposal after more than three years of the property ceasing to be one's Private Residence.

May I please endorse the recommendation in your article to seek professional advice concerning the complicated CGT rules.

Many thanks.

sstudent 19 May 2008, 8:39am

Hi all
I read this artical with great intrest. I know renting may appear intimidating to some, I found it just that when I rented out my lovely flat. I moved in with my girlfriend last December & rented my flat out through an agency. I was loathe to do so but felt that it was the best thing for 6 months.

As it turned out it worked very well, I ended up witha very nice young couple who have paid consistently over the 6 months, but sadly are not going to renew the lease. So I am now looking for new tenants.

As things with my girlfriend are going well I have no plans to return to my flat.

So it does & can work. Given the present situation I feel renting is a very good approach.

JonEBehr 20 May 2008, 11:26am

Not sure JonEBehr what you perceive is the problem with the interpretation of the 36 months CGT private residence rule.

The article gave the impression that the PRR was some sort of "precipice" relief such that you either sold within 3 years of moving out to get a nil liability or else you did not receive PRR. It's alarming how many people believe this to be the case.

Here's the bit to which I objected:
"you don't have to pay CGT on a property you have lived in, if you sell it within three years of moving out.

And, even if you sell it after those three years are up, you would qualify for Letting Relief on £40,000 of the gain, on top of your usual CGT Allowance
"

If that is read without prior knowledge of the actual rules then the popular myth is perpetuated so I provided a link which should help to get the facts straight.

Cheers!

JonEBehr 20 May 2008, 11:52am

problem with the interpretation of the 36 months CGT private residence rule

I've just re-read the article as it currently stands and note that it assumes that the five-year period of letting ended before the final 36 months of ownership and that it once more became the Principal Private Residence (PPR) of the (sole) owner for (at least) those final 3 years.

If, as seems likely from the context of the article's theme, the period of letting was the final 5 years of ownership then the computation would treat the final 36 months as being eligible for PPR relief regardless of actual use.

The gain of 200k would be apportioned as 15/20ths private in accordance with the facts PLUS 3/20ths in accordance with the "final 36 months" rule leaving just 2/20ths - £20k - which is reduced to zero by just one individual's Lettings Relief and leaves the annual allowance (9600 this year and NOT 9200 as stated in the article) available to utilise against any other gains in the same year.

Cheers!

TMFDonna 20 May 2008, 12:14pm

Thanks Jon, have corrected the article following your comments.
Hope it still makes sense - it is a very complex matter to try to explain! An accountant is worth their weight in gold in this situation I think.

Ray126 21 May 2008, 5:43pm

Hello Donna,

Further to JonEBehr's last post, please note that in my post of 17th May, I did mention:

"Please remember that the qualifying period for Private Residence Relief includes the last three years of ownership"

TMFDonna 22 May 2008, 1:38pm

So you did. Thanks Ray!

coulddobetter 11 Jun 2008, 10:05am

Query on Renting via a Company.
Could somebody please explain how setting up a company is possible for use when renting out?
Surely the company would have to own the property before this made sense? i.e. you would have to sell the property to the company - the company would have to take the mortgage etc., etc.
I rent out a flat and have done for several years having bought it originally as a second base while working away from home. I use a local agent (10%) and have had two tenents in 6 years. I'm charged 50% of the first months rent at changeover and have been very happy with the arrangement. I have peace of mind while away at any time and the couple of minor maintenance problems we've had, have been handled quickly and efficiently.

coulddobetter 11 Jun 2008, 10:10am

Follow on to my previous comment;
a) If I sold to my company I'd be subject to CGT surely
b) Somebody suggested that at the expiry of a 6 months short term tenency you have to renew and are charged again by the agent. Not necessarily true. Most short term tenancies automatically continue beyond the initial term unless terminated by either side.

matchmade 11 Jun 2008, 4:55pm

I hope a Fool is allowed to do this but I would recommend that anyone thinking of renting should join the National Landlords Association. They provide loads of advice, a regular magazine, discounts on services from approved suppliers like insurers and referencing agents, and have a free telephone helpline which is probably the most useful. The cost is about £60 p.a. I've been with them for eight years as a BTL landlord and they're well worth joining.

As regards the strategy of holding on and renting out a property you don't want to sell in a falling market, this is the approach I've taken because I too have had a miserable time trying to sell in Reading and Kingston. Even with a 10% cut in one price, I've had two chains break down. Buyers are very skittish and surveyors are having a whale of a time flagging up every tiny detail and downvaluing property prices. Renting is the way to go if you can find good tenants: I've used agents successfully on two houses, and have put together houseshares myself by advertising on Gumtree and Spareroom.co.uk.

Now through to August is a good time to consider a houseshare, rather than renting to a family, because lots of students and young professionals move around September. A group will generally pay more than a family, plus you are less likely to get arrears because if one of them loses their job or turns out to be an idiot, you only lose part of the rent, whereas if a family gets into trouble, you are as well because you're not getting a penny from them. The negative with houseshares is that the house takes more of a beating, unless of course the family has young children or a pet . . .


Of course if lots of people go for rental, those left are the desperate ones who have to sell, so house prices are likely to drop further and faster, but it should also mean the recovery will be faster because when people do decide to buy again, the amount o property available is constrained by all those houses that are rented out.

I foresee a "recession era" TV drama being commissioned soon, in which a cash-strapped home owner is forced to rent out her house to cash-strapped tenants, with all the ups and downs of landlord-tenant relations that follow.

SiGl26 11 Jun 2008, 7:27pm

Re setting up a company to let property, I discussed this with my IFA a couple of years ago. Her take was that HMRC would only allow it if there was a 'significant element of development' in the Company's activities. But she did suggest that I retain one of my properties as my 'main residence' by having some mail delvered, paying the Council Tax (and recouping it in the rent), etc.

Deleriad 13 Jun 2008, 3:05pm

Like others here, my partner and I were forced into a move due to job transfers and put our house on the market at the beginning of February. We have had exactly one viewing, this despite dropping the price from 170K to 145K. (This is a refurbished 3-bed semi-detached character cottage in a nice village.) As our mortgage is only 4 years old we are forced into renting despite the fact that the rent will only just cover 1/2 the mortgage.

Because we're moving from a small town to a city, our rent in the city is £200 higher than the income from our house but we just have to take the hit. It seems that our house simply won't sell at any price and we're better off taking the financial hit and hoping that we can sell in 12 months.

samuelg1 15 Jun 2008, 5:21pm

we are also thinking of renting out our house - consulted mortgage co to find out their stance on this - which is to increase by 1% the rate which we currently pay! Also if we proceed if it was not tenanted would the mortgate rate revert back to the original amount?

gorgeousfluffpot 15 Jun 2008, 6:58pm

As a private landlord (found my own tenant, downloaded lease templates and checked references) I have been very lucky and have an excellent tenant who has been there for five years now. The best advice I was given was: it is better to have the property occupied at a lower market rent, than hold out for a higher rental but be empty for some of the time. Remember, while the property is rented, then the council tax, electricity, gas, water, etc., are all paid by the tenant. Check references carefully, negotiate a good deposit. Oh, and check your gut instinct about the prospective tenant. If something doesn't feel right, then do further checks or decline.

scoutbid 18 Jun 2008, 3:05pm

Hi - I wanted to ask the same question as Torrels - do you pay tax on the full amount you receive, or can you deduct your mortgage interest payments as part of the expenses? If it's the former, then it's not really worth renting is it - you pay 40% of all the income you receive in tax. Although I'm maybe just being thick here....

Hovis5 18 Jun 2008, 10:36pm

Hi - I've just been reading this article with great interest & wondered if anyone might be able to help with advice on my current situation...

I recently paid off the mortgage on my flat in full & am looking to rent the flat out, while I rent another smaller flat for myself.

However it seems that I can't just take the rental income I receive on my flat & use it to pay the rent I owe on the smaller flat I'm renting for myself.

Is this correct, or am I able to avoid paying tax on the income I receive for renting out my flat?

Thanks

Effy76 08 Jul 2008, 10:56pm

We are unable to sell our home so cant buy another one and we need to re-locate due to employment. So, we have decided to rent our house out and rent another nearer to our jobs. The rent we will be receiving will not cover the mortgage, so we will have to top this up each month as well as pay for the property we will be actually living in from our own income. Do we have to declare the rent we are getting even though we are not gaining from it?

lettingvirgin 06 Aug 2008, 3:44pm

Thought I had sold my mortgage free house last yr and took to risk and got a mortgage with my partner to buy an old house that needed restoring.
We are now planning on moving into this and renting out the mortgage free property (house is in my name only). Need some advice on the best way forward –

1. Would it be best to 'sell' the house to my partner for him to get a 'buy to let mortgage' and then claim any tax free benefits on the interest (i.e. swap the mortgage from the other house to this one)....also where do we stand on CGT when selling in say 5 to 10yrs time?

2. Leave it as a mortgage free and take the hit on the tax, but not as much CGT when we sell - also no stamp duty costs for selling ...etc(I have lived in the property for approx 13yrs)??? Only paid 70K for it and it was worth 23