Is government thinking of disallowing operating costs, and for companies as well?

Is government thinking of disallowing operating costs, and for companies as well?

9:12 AM, 15th March 2018, About 6 years ago 25

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Two days ago the Ministry of Housing, Communities & Local Government launched a survey “Questionnaire used for the English Private Landlord Survey 2018.”

The Ministry says that landlords and agents who are protecting a deposit in one of the authorised schemes are randomly chosen to participate, and will be written to by the scheme concerned.

Click Here for the questionnaire

It is not just aimed at people who hold property in their own names.  On page 3 it asks:

“Which one of the following best describes how you currently rent out your rental property(ies)? By “rental property” we mean residential property you own and rent out, but do not live in yourself.

(1) As an individual or group of individuals

(2) As part of a company

(3) Other (please specify)”

(These categories are later referred to as LLCat 1 2 & 3.)

I was surprised to see that the questioners are treating gross rents on a par with taxable income.

On pages 29 & 30 it reads:

“{ASK IF RoleTyp = 1}

RtInc (VARLAB: gross rental income)

Thinking about the last 12 months, approximately what was your total gross rental income from your rental property(ies)? (i.e. before tax and deductions, mortgage, letting and other operating costs)

{ASK IF (RoleTyp = 1) and (LLCat = 1 or 2 or 3)}

LlInc (VARLAB: landlord income)

Thinking about the last 12 months, what was {LLCat = 1 or 3: “your”; LLCat = 2 “your organisation’s”} total gross income (i.e. before tax and deductions) excluding income from rental property(ies)?

{Ask if RoleTyp = 1 and RtInc or LLInc = missing}

LLPrpInc (VARLAB: income from rental property)

What percentage of {LLCat1 = 1 or 3: “your”; LLCat1 = 2: “your company’s”} gross income (i.e., before tax and deductions) is rent from rental property?

(1) Nil

(2) 1% to 25%

(3) 26% to 50%

(4) 51% to 75%

(5) 76% to 99%

(6) All or 100%

(7) Don’t know”

RoleTyp 1 is Landlord (as opposed to Letting agent)

(It would appear from the programming instruction that you will only be asked for the above percentage if either of the first two questions is not answered.)

This is very worrying.  Why are they comparing gross rents with taxable income?  This is not just comparing apples with pears, it is comparing apples with pear trees.

Why do they want to know what your total income would be if you were not allowed to deduct the normal costs that all other enterprises in the country deduct?

They want to know how many properties you have, what they are worth and what the loans on them are.  They want to know exactly how much you receive in rent, exactly how much you earn from other sources, but they don’t want to know how much the costs of your property business are.

Is the government thinking of disallowing all operating costs, following propaganda from David Kingman who claimed credit for the introduction of Section 24 – which is already filling Travelodge bedrooms with homeless families?

He recommended that mortgage interest be disallowed in a report for the Intergenerational Foundation in 2013 (shortly after graduating in Geography).  In the same report he uttered the preposterous lie that “Landlords receive a public subsidy worth up to £5 billion in tax relief per year. This is relief that they are able to claim for their business expenses, including the 10% “wear and tear” allowance and interest relief on mortgages.”

£5 billion was the amount that he calculated that landlords would have paid in EXTRA tax IF NO BUSINESS COSTS AT ALL HAD BEEN ALLOWED.

To describe the non-collection of extra tax that would be imposed if landlords were discriminated against as a public subsidy because they weren’t being discriminated against is an abuse of both language and logic.  It was a nonsensical lie, designed to mislead gullible people.

However, it was good enough for Natalie “Brainfade” Bennett of the Green Party who adopted S 24 as policy, and for George “Bolter” Osborne who introduced it.

On page 2 the questionnaire states “If you have any questions about the survey, please feel free to email landlordsurvey@natcen.ac.uk or telephone 0808 168 1356”

It would be rude not to.

Participation will be by invitation, and presumably will not be compulsory.  It would be a shame if the survey was boycotted due to the intrusive financial questions and the treatment of gross rent as taxable income.  Perhaps better just to leave those questions unanswered?


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Comments

Ken Smith

11:13 AM, 17th March 2018, About 6 years ago

Interesting that the main response to this topic is that commentators seems resigned to the fact that it’s only going to get worse by being a landlord.

However, there also seems to be many here who are determined to fiddle while Rome burns - and hope for the best and continue to be a landlord.

The future governments, of any colour, are going to get landlords in the end. We are a convenient social football and collectively our value as voters is peanuts to any party. The benefits we present for public floggings outweigh any drawbacks that upsetting us may bring.

The sale of my portfolio of my 19 'mortgaged' properties are due now to complete on to 28 March. I paid the mortgages off already to facilitate a simpler sale legally. So lenders are now out of my life anyway. I had low gearing (under 50%) but didn't want these clowns in my life. However, my total exit from property will be May 2020.

I have polarised my thinking lately and have given 4 months notice to 2 more tenants this week. I am also selling another to a tenant's father, as ironically he 'wants to get into BTL'. So he can step in my shoes with pleasure. He's a know-it-all wholesale meat producer - so obviously he knows as much about this game as I do about butchering a side of beef.

Lamb to the slaughter sprung to mind. But we all live and learn.

I just remembered that I forget to tell him why I am getting out - then again he didn't ask me. If he had done so, I still wouldn't have told him.

If you are thinking of selling up - there are still plenty mug punters around. They are behind the curve regarding current intelligence - but won't be forever.

I'm quite enjoying taking control like this. I have no problems giving notice. I always give 4 months notice and good references too. I also explain, where required, to potential new landlords for my departing tenants why I am evicting the tenants (not through arrears are poor performance etc).

Unlike some on P118 I do not feel honour bound to be a guardian angel to what is effectively a customer of my business. I have had hundreds of tenants give me notice over the years - now the situation is reversed. Simple.

I have outlined my reasons here before, but just to remind anyone, and in no particular order of importance to me.....

• Section 24 - the 1st show of total disregard for landlords
• Inevitable issues regarding tenant discrimination.
• Ditto re maybe having to allow pets.
• Epc demands. After 2020 it will be more stringent.
• Landlord registration - strong possibilities
• Rent caps - strong possibility
• Lender's dirty tricks - an on-going threat - always.
• Corbyn factor - should he be elected.
• Interest rate rises. Rates are only going to go one way now.

Each 1% rise means 10k increased payments annually for each 1m borrowed. 3% - 30k. This will cripple many - not to mention residential mortgage owners.

Also, not wishing to face the possibility of the state allocating me a family (with pets) to live in a property that I own - at a rent they deem reasonable - I'm out.

Many will think this to be paranoia. However, no one can really deny that things will, at best, get worse. Best to plan and prepare for the worst I've always found

There are many other threats, no doubt, but the overriding one is that landlords are now considered fair game, and it is open season.

NW Landlord

11:20 AM, 17th March 2018, About 6 years ago

Couldn’t have put it better myself I agree ken it’s going to get worse it is state backed sabotage of a whole industry. I’m not going to go as far as your plans but I am cashing some of my chips. The higher yield stuff I am keeping.

Rob Thomas

12:06 PM, 17th March 2018, About 6 years ago

Ian

I agree we need to calm down. For landlords who are very concerned about the impact of recent tax changes this is an opportunity to express their views and, if they are selling properties because of the tax changes, to say so.

I don't see anything in this questionnaire to suggest that government is planning to disallow operating expenses. But to ask questions about whether the landlord is compliant with the law (e.g. do you have a current gas safety certificate) is odd. As you say, non-compliant landlords would have to be pretty stupid to confirm they're breaking the law.

Finally, I thought the prize was amusing - membership of the NLA or RLA. That'll whet peoples' appetites (not).

Tobias Nightingale

12:35 PM, 17th March 2018, About 6 years ago

To be slightly fair to the survey, it does suggest clearly problem tenants is an issue as to why landlords do not offer longer tenancies. Plus it does raise the prospect that tax cuts as a inducement towards longer tenancies also.

Michael Tucker

10:29 AM, 18th March 2018, About 6 years ago

The Government really can see already what section 24 is going to do to the PRS. It is going to decimate the sector altogether, they have already taken away all incentives for prospective Landlords which, without them, the housing shortage would be far worse.
I believe bed and breakfast, will be where landlords could consider diversifying. There will be plenty of requirement for this type of accommodation as the private rented section goes into decline over the next few years unless, there is a Damascene revelation by the Conservative Government.

Gromit

10:57 AM, 18th March 2018, About 6 years ago

..The Government DO know what is going to happen to the PRS - we've been telling them ofr the last 2 years!!!!
They just won't believe it (and therefore won't act) until it actually happens. There's been too many groups crying wolf when a budget is cut/frozen which have coped or even improved e.g. police.The PRS will survive but it's going to be a lot smaller. Probably half the current size.

Monty Bodkin

11:00 AM, 18th March 2018, About 6 years ago

Reply to the comment left by Ken Smith at 17/03/2018 - 11:13
"However, there also seems to be many here who are determined to fiddle while Rome burns - and hope for the best and continue to be a landlord."

I don't see much fiddling, unless you mean many on here are not panicked into a fire sale. Restructuring and consolidation seems to be the norm.

Even if 'many' are fiddling (who?), by luck or judgement, they have done alright out of it so far. Since Osborne announced this, average house prices are up 8.84%. Using your example, for every 1M owned means an average increase of £88,400.

(I'm selling BTW, just gradually over the next 20 years!)

NW Landlord

11:06 AM, 18th March 2018, About 6 years ago

Put two houses up for rent one on Prescot one in birkdale 88 calls before I had to shut down the ads. People offering me up to 100 pcm over the advertised rent tells you all you need to know. This policy is starting to bite the amount of calls I had telling me landlord is selling was scary. The question I would like to ask the Tory’s is where are all these people going to live ? Can’t get my head round what they are doing messing with people’s lives.

Appalled Landlord

21:40 PM, 21st March 2018, About 6 years ago

On the 15th I sent the following email to the address given in the questionnaire:

What is the thinking behind the questions on pages 29 and 30 which compare gross rent receipts with taxable income from other sources?

Regards.

The next day I got the following reply from a Senior Researcher 
NatCen - Social Research that works for society:

Hi
 
Thanks for your interest in the English Private Landlord Survey. These questions on income and rent receipt are asked as they help researchers and policy makers understand a bit more about the profile of private landlords, including the role that rental income plays in their financial circumstances. This is helpful in understanding the range of landlord experiences. Very similar questions were asked on the 2010 Private Landlord Survey. You can see the output of this survey here: https://www.gov.uk/government/statistics/private-landlords-survey-2010
 
I hope that’s helpful.
 
Kind regards

So the same day I replied:

Hi

Thanks for your reply.

The questions will not help anyone understand the role that rental income plays in their financial circumstances.  On the contrary, they will give a nonsensical view.

This is because gross rents are not taxable income.  It is the rental profit, after deducting all the items that the question excludes - i.e. before tax and deductions, mortgage, letting and other operating costs - that is taxable.

The question on percentages asks the landlord to add gross rent receipts to other taxable income and work out what percentage the former is of the sum.  As the sum is irrelevant and extremely misleading, so is the percentage.

So why have the questions been carefully posed in this way?

Regards 

I followed this up the next day with:

I have now had a chance to look at the questions for the 2010 survey. There is only one about income. On page 16 it reads:

“ASK IF: RESPONDENT IS LLORD
PrpEarn
SHOWCARD 3 What proportion of (your/your group’s/the landlord’s) gross income would you say (was/is) rent from residential lettings?

(1)Nil
(2)Less than 25%
(3)Less than 50%
(4)Less than 75%
(5) 75% or more”

This is similar to one in the 2018 version. However, respondents would have assumed that you meant rental profit because they would know that gross rent receipts are not the same as taxable income, and to treat them as such would be nonsensical.

There was one big difference in 2010 - landlords were were not asked in a previous question what their gross rents were without any deductions.

Another difference is that in the 2010 version there was no maximum percentage. In the 2018 version the maximum is 100%. That means you assume that gross rents are gross taxable income.

Last year for example my gross rents were 169% of my taxable income from all sources including rental profit. Your questionnaire does not allow me to report this percentage. It clearly assumes therefore that gross rents are taxable income.

This is a very serious error, as I explained in my earlier email to you.

Regards

On the 21st she replied:

Hi
 
Thank you for your feedback. These questions are intended to provide information for a basic calculation that adds gross non-rental income to gross rental income to then calculate what proportion gross rental income is of gross total income. For example, someone earning £30,000 p/a pre-tax might let a flat for £1,200 pcm (£14,400 p/a). Their total gross annual income from both sources before taxes and any deductions is £44,400, and the proportion of this amount that comes from gross rent is ~32%. If the respondent’s only source of income is from rent the calculation is more straight-forward – all or 100%. Respondents are only asked to give the proportion if they preferred not to provide amounts at either of the two earlier questions.
 
Asking these questions in this way avoids asking a very complicated set of questions similar to asking respondents to work out their annual tax liability, which is more than what is required for the purposes of the survey, as gross rental income as a proportion of gross total income is sufficient to give contextualising information about the role that rental income plays in financial circumstances. These questions were tested with landlords and agents prior to the survey being launched, and we found that respondents were able to answer them as intended.However, we will continue to monitor the questionnaire, and any feedback, as the survey progresses to ensure the questionnaire is working as intended.
 
I hope that helps to clarify the purpose of these questions. If you have any queries about the policy background to the questionnaire you can also contact EPLS@communities.gsi.gov.uk– this is the contact email for the EPLS team at the Ministry of Housing, Communities and Local Government who have oversight of the questionnaire.
 
Kind regards
 
I replied:

I’m afraid you have completely missed the point.  Gross rental receipts are not taxable income, only the rental profit is. Comparing gross rents with other taxable income is nonsense, and gives a nonsensical result.
 
In your example the £44,400 is overstated and so is the percentage.
 
Against gross rent of £14,400 a year it would be normal for there to be deductible costs of £6,400.  So the rental profit would be £8,000 and the real total taxable income would be £38,000.  Rental income would thus be about 21% of the total.
 
Agents are not asked these three questions.  The landlords that they were tested on were able to answer them but were probably baffled as to why they were asked.  
 
It is no easier for landlords to give a year’s gross rents than it is for them to give the taxable rental income - both figures are available from the annual tax returns.
 
I would recommend that landlords leave these three questions unanswered to prevent GIGO - garbage in, garbage out.
 
Thank you for the Ministry’s email address, I will contact them direct
 
Regards

Appalled Landlord

21:48 PM, 21st March 2018, About 6 years ago

I have sent the following email to the Ministry, with the subject Garbage In, Garbage Out

Hi

Why are you comparing gross rent receipts with taxable income from other sources, with questions on pages 29 and 30 of the 2018 English Housing Survey, ?

The questions will not help anyone understand the role that rental income plays in their financial circumstances.  On the contrary, they will give a nonsensical view.

This is because gross rents are not taxable income.  It is the rental profit, after deducting all the items that the question excludes - i.e. before tax and deductions, mortgage, letting and other operating costs - that is taxable.

The question on percentages asks the landlord to add gross rent receipts to other taxable income and work out what percentage the former is of the sum.  As the sum is irrelevant and extremely misleading, so is the percentage.

This is a serious blunder.

I would recommend that landlords leave these three questions unanswered to prevent GIGO - garbage in, garbage out.

Regards

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