Can one buy a property for a friend and charge him rent?

Can one buy a property for a friend and charge him rent?

9:40 AM, 4th September 2020, About 4 years ago 18

Text Size

Suddenly it struck me, I have a friend who is struggling to raise enough deposit, as he waits longer to save for a deposit, the property values go up, so he is forever chasing his dream to own his own home.

So I had this brain wave, where I might be able to help him and gain something out of it at the same time whilst he also gains, so kind of double benefit for both of us. It is a bit like an interest-only mortgage. Here is how I suggest it might work provided it is drawn up all legit with a firm of solicitors and both parties remain truthful to the deal

So let me start, I have spare 100K sitting in my bank earning ZERO % interest! Not only that interest rates are unlikely to go up for a considerable amount of time, but the best I could get is also 2% in a Savings Bond. But I do not want to lock my money in a Bond, nor lend this money to my friend either, so what I propose I can do is to buy a 2-bed house in Nottingham that is where my friend lives, he can choose the house he likes, so I buy it for cash for him but under my own name, for about 100K,

He is currently staying in rented accommodation and paying around £500PCM rent for a 2-Bed house, He has a steady income, supporting a small family of wife and two children, not a problem here either.

So once I have purchased this house, we go through a proper contract where I will charge him same rent each month and gain by getting £6000 rental income on my 100K doing nothing currently in my account, but I sign a special agreement where he can buy that house in future for the same amount I paid for it today, so for instance in 10 years he could buy it for 100K from me when house prices may have gone up by another 50%.

This means he can buy from me a property that might be valued at £150K for £100K as per our special agreement, so he gains £50K and I gain 60K, so when I sell it to him for £100K I do not have to pay any capital gains tax on the sale of the property but only the income tax on the rental income.

This scheme can only work if he trusts me, and I stick to my promise that I will not back out to sell him at 100K rather than at a higher prevailing price 5 or 10 years later.

The idea is he should be able to buy his own property from me for 100K in 5 or maximum 10 years time, by which time he may have got higher savings and better credit references, thus qualify for a mortgage more easily, get a mortgage whereas he is not in a position to get a mortgage now.

Has anybody done something similar to help a friend or a family member if so are there any implications and other legalities? Can you sell a property under market value at the same price you bought trying to help a friend?

Suppose my friend does not keep his word, and moves out or buys another property, I still got mine and I can rent it to someone else, or sell it at a higher price and make a gain and pay any capital gains tax and I still got my original cashback which would have earned me nothing sitting in a savings account.

Any views or thoughts will be welcomed.

Mike


Share This Article


Comments

Mike

13:52 PM, 4th September 2020, About 4 years ago

Thank you everyone for your valuable time in replies. Indeed there are many implications which I will have to consider before jumping into the unknown waters, I certainly don't want to fall out with the tax man on CGT when it comes to selling it up to him at the agreed price, when the contract was drawn up, secondly yes what if my friend stops paying me rent, and what if he is still not in a position to buy it from me in 5 years or 10 years time from now, factoring my own age and expected life span, and what happens if I died suddenly , where would that leave him, so yes it needs a lot of planning and drawing up proper legal framework .

I will indeed be presenting this scheme to my accountant to see what his views would be , and what a shame I have funds that are doing absolutely nothing for me or use it to help a friend get on the housing ladder, I do not risk it in any other form of investment, I have been bitten investing in stocks ans shares.

DParker

14:07 PM, 4th September 2020, About 4 years ago

Reply to the comment left by Mike at 04/09/2020 - 13:52
Hi Mike,
This is something that the right solicitor can put in place. It’s essentially a ‘tenant buyer’ profile. Rent-to-buy, if you like. I’ve briefly learnt about this and you can find more detailed information here (I’m not affiliated with this firm in any way - just selected it as it explains what you’re trying to do in a more legitimate way). https://www.leaseoptionsmadesimple.co.uk/articles/lease-options-rent-to-own-benefits-of-working-with-tenant-buyers
Good luck and hope all works out for you and your friend.

moneymanager

17:10 PM, 4th September 2020, About 4 years ago

"Selling below market value"

it's caught:

https://www.gov.uk/tax-sell-property/work-out-your-gain

Penny DJ

19:47 PM, 4th September 2020, About 4 years ago

Yes, this is called Rent to buy. Your friend would be the tenant buyer. You buy the property under your name and he rents it from you over a pre-dertermined period of between 1-10 years. You use a modified AST tenancy contract and a lease option contract to purchase the property. The modified AST says that he will pay all maintenance and other issues. You will just pay buildings insurance and make sure the gas/EICR certs are done. The purchase option usually adds 4% inflation to the property cost, but it is fine to have no uplift. In the case of a 7 year lease option with compound interest that equates to 32% of the purchase price so £132,000, but it is equally legal to do 0% which is what savy buyers usually do with a £1 lease cost added. So that’s the purchase and rent, and the lease covers his purchase from you in X years. He will pay a rent top up which is 10% of the future price of either £100k/£132k, and that is kept in a separate client account so neither of you can spend it. He also has the option to buy before the X years at the SAME price, so if he inherited money etc. 7 years is incidentally the magic figure for writing poor credit history and creates good credit by paying regular rent. At the end of the agreed X years, he has 3 options - buy in full as agreed, don’t buy so walk away and loose the top up already paid, renegotiate for example if X years was now and he was furloughed and unable to pay rent for the last 4 months, the obvious option would be to delay for 6 months or a year to allow him to pay the rent arrears and top up. You would have already taken the arrears from the top up, so that needs to be paid back by him and when your straight it’s back to the buy option. Walk away is unlikely as they have 10% invested, and you’re looking at 0% uplift, so unless housing halved in value, he wouldn’t make a loss. For the tenant buyer, their mentality is that it’s their house from day 1, but effectively on a 32 year mortgage. They can do what they like with the property in terms of decoration, add conservatory, make repairs at their own cost. You don’t get the usual landlord headaches of damage and non-payment as NP invalidates the option and you keep the top up, or use the top up to repair damage and tenant needs to have paid it back or again the purchase option is not complied with.
I have done the training on this one, and have the contracts for the AST and purchase options if you would like me to help at all.

Mike

3:30 AM, 5th September 2020, About 4 years ago

Wow! amazing , that means a scheme already exists called Rent to buy, excellent, thank you so much guys, I will be speaking to my friend and see how committed he is and by my helping him getting on the housing ladders also helps me increase the value of my funds sitting idle in a bank earning absolutely zilch interest, and I do not trust any other form of investments, and guaranteed savings bonds for 3 years only able to yield at the most 2% to 3% with some risk, My friend whom I want to help is self employed so his income does not depend on an employer employing him, which is relatively safe bet.

End of the day if it does not yield what I expected it to yield, i am not going to die, I would still have my property in my name. and if the value drops, which is unlikely, but in the long term property has always been a good bet.

Mark W

13:52 PM, 5th September 2020, About 4 years ago

Reply to the comment left by Mike at 05/09/2020 - 03:30
Hello Mike, I suggest you also consider schemes used by Social Landlords/Housing Associations. The A-Rent 2 Buy scheme is used along with B-shared ownership and C-stair-casing, all agreed at the start. Changing ownership from for example : 25% to 50% to 75% TO 100% when possible for your friend. Please do not be put off by the naysayers just be aware it could go wrong, like 40-50% of marriages do.

Penny DJ

13:59 PM, 5th September 2020, About 4 years ago

Reply to the comment left by Mike at 05/09/2020 - 03:30
You’re certainly not going to loose - you have the full rent value(no maintenance costs) plus up to 32% uplift on your investment if you wish to add it to the purchase price. I have 3 lined up for this, and they can choose what house/area they want as it will be their house after all.

Mike

13:40 PM, 7th September 2020, About 4 years ago

Many thanks again, will contact you when the other party starts putting his interest into the scheme as he is new to it as I am, will need good studying first.
thanks Mike

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now