Latest report from Kate Faulkner: Housing and Planning Bill: Good, bad and ugly!

Kate Faulkner

Kate Faulkner of Property Checklists

Latest report from Kate Faulkner: Housing and Planning Bill: Good, bad and ugly!

According to the government, the Housing & Planning Bill will “transform generation rent into generation buy”. Is there any truth to this claim? Well, I’ve taken a look at the impact this bill is really going to have – the good, bad and ugly bits!

So you can pretty quickly work out this isn’t something that intends to help tenants at all and, as such, also doesn’t help buy-to-let investors. But developers and first-time buyers can look forward to a steady run over the next few years.

And although more new builds being planned will help boost agents’ business, the likely loss of buy-to-let business and the continued expectation of a lack of stock for buyers and rents means they will continue to take the brunt of the government’s and local authorities’ lack of ability to provide enough homes for population of the UK.

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Could State Aid Law protect Buy-to-Let Landlords?

Stephen Daly Tax At Lincoln Ox

Stephen Daly of Tax at Lincoln Ox

The Guardian and The Telegraph have posted articles in the last week picking up the quandary of buy-to-let landlords. By a combination of changes in the summer budget and autumn statement, the previously lucrative venture whereby landlords would purchase property with the sole intention of renting has now been placed “in the red”. Landlords could previously claim tax relief on mortgage interest payments at the marginal rate, but from April 2017 to 2020, this will gradually be reduced to 20% (the ‘Clause 24’ change). “Wear and tear allowance” previously allowed landlords to deduct 10% from rental profits, but from April 2016 will only be granted for costs actually incurred. Meanwhile, George Osborne used the autumn statement to increase stamp duty on purchases of buy-to-let and second homes by 3%.

Landlords unsurprisingly are less than happy with the legislative changes. A group representing 250 landlords is seeking to launch a legal challenge by way of judicial review of the Finance (No. 2) Act 2015 enacting the ‘Clause 24’ change to mortgage relief (see: s. 24). As The Guardian reports, the group claims that the measure breaches Human Rights Law and EU Law, whilst The Telegraph reports the group as claiming that the move flouts “a long-established principle of taxation that expenses incurred wholly and exclusively for the purposes of the business are deductible when calculating the taxable profits”. It would seem from these statements that the claims pivot upon establishing that the new legislation breaches either Article 1, Protocol 1 of the European Convention on Human Rights (‘A1P1’), some common law right or EU State Aid Law. These are my rough guesses based upon very rough information. Although the former two will have little prospect of success in the courts, the latter EU Law point could well have some bite. This will be used as a springboard for a more general discussion about the development of EU State Aid Law

Excerpt kindly shared by Stephen Daly of taxatlincolnox. Read the full article

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Document warned Government before storms that homes at risk of flooding will double

Many of Britain’s flood defences are being abandoned or maintained to minimal levels because of government cuts that could leave almost twice as many households at “significant risk” within 20 years, according to a leaked document submitted to ministers.

The paper, written by the body representing all major organisations responsible for flood defences, was presented to ministers on 30 November last year – days before Cumbria was hit by the heaviest rainfall recorded in 24 hours in Britain.

It was then discussed by floods minister Rory Stewart and Oliver Letwin, the cabinet office minister leading the government’s flooding review.

The leaked document says: “We have had the five wettest years since 2000. TheEnvironment Agency’s funding for maintaining flood assets has fallen by 14%. Downward adjustments have also been made to intended revenue spending commitments.”

Excerpt of full article kindly shared by The Guardian. Read the full article.

Help to Buy helps more than 60,000 people onto the property ladder

Help To Buy LogoThe Help to Buy: Equity Loan scheme helped more than 60,000 people onto the property ladder in Q3 2015, according to the Department for Communities and Local Government (DCLG). Showing an annual increase of 4%, 81% of the purchases were made by first-time buyers, with 50,969 being first properties. Andy Frankish, NewHomes director at Mortgage Advice Bureau, said the scheme continues to reach its target audience of first-time buyers and commented on the new dedicated Help to Buy scheme for first-time buyers London.
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Help to Buy helps more than 60,000 people onto the property ladder

Help To Buy LogoThe Help to Buy: Equity Loan scheme helped more than 60,000 people onto the property ladder in Q3 2015, according to the Department for Communities and Local Government (DCLG).

Showing anannual increase of 4%, 81% of the purchases were made by first-time buyers, with 50,969 b eing first properties.

Andy Frankish, NewHomes director at Mortgage Advice Bureau, said the scheme continues to reach its target audience of first-time buyers and commented on the new dedicated Help to Buy scheme for first-time buyers London:

“The introduction next year of a dedicated Help to Buy scheme for London, with an increased 40% equity loan, will be welcome news for first-time buyers struggling to afford to buy in the capital. The scheme will require a maximum 55% mortgage, rather than one at 75% loan to value.”

“While the equity loan scheme is well ingrained in the sales of new homes, and continues to evolve in response to buyer’s needs, more creative solutions that address underlying problems to housing affordability must be developed in addition to targeted schemes.

The greater focus being placed on shared ownership will help, as will the creation of Starter Homes, but these will need the full support of lenders to have the desired effect. Increased housebuilding will eventually deliver more homeownership opportunities.”

Article kindly shared by Ryder & Dutton & Mortgage Advice Bureau

Landlord tax grab? Possible Judicial Review re legality of Clause 24 Finance Act 2015?

Researchers from a landlord tax campaign group, who joined forces via the Property118 online forum, believe they have located the source documents behind the discriminatory taxation policies targeting private landlords which are being implemented by Chancellor George Osborne.

The landlord tax grab, which will make the housing crisis worse, was proposed by David Kingman, a non-economist, in a deeply flawed report which he wrote in 2013, the year he left university with a degree in – Geography!

In the Summer Budget the Chancellor (a graduate in History) implemented a recommendation that was in a report from the Intergenerational Foundation, written by David Kingman.

Download the full report produced by David Kingman HERE

Excerpt kindly shared by Property118. Read the full article here

Lead Galaxy has launched the first ever student property investment comparison portal

Lead Galaxy has launched the first ever student property investment comparison portal.

Dedicated to the booming student housing sector, www.StudentProperty.Investments allows investors to search and compare dozens of student accommodation investment opportunities.

The site’s stripped down interface makes it easy to locate the newest and best opportunities in the sector. An innovative smart table allows investors to find and compare Student Property Portalproperties by yield, terms, buyback or starting prices. Results can quickly be filtered before making an enquiry about multiple listings with a single click. The intuitive, responsive design means that the site is available on the go on any mobile device, offering the most specialised information to the widest possible audience of international investors.

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Growing numbers of young professionals demand luxury city-centre living in Liverpool

Strand-Plaza-Liverpool-dining-1400x600Knight Frank’s latest Prime Country View report highlighted the rise of urban prime in the UK over the past decade. According to the report, prime property values in town and city markets have jumped 26% since 2005, compared to just 7% for rural properties. Whilst rural homes languish at 13% below their 2007 peak, prime city residences have now exceeded their former peak by 3%.
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