New property purchase – is it a HMO?

New property purchase – is it a HMO?

0:03 AM, 6th September 2023, About 8 months ago 16

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Hi, I’m new here. Please be gentle. I am a BTL investor of 25 years, so not a complete newbie, but have only ever invested in single occupancy ASTs.

My eldest child is off to University this month and I am considering purchasing a property as an investment that would also save them a lot of rent over the 2nd and 3rd years of their studies.

The property I am looking at is in Wales and requires refurbishment. Once complete it would comfortably house 3 (possibly 4) students. One of these would be my child who would pay no rent but I would expect them to manage the other tenants, who would most likely be their friends.

I assume we would need tenancy agreements for each of the other tenants. Is my understanding correct that if there are only two others (and I don’t need an agreement for my own offspring) then HMO rules don’t apply (but they would if I had three other tenants)? If I wanted to sell afterwards having it compliant as a HMO would obviously be useful for future landlords. Other than licencing with the local authority, what are the main requirements of an HMO? Is it just smoke alarms and fire doors?

Finally, what are the council tax rules on empty properties in Wales? Assuming the purchase is completed in the next few months, it would not be occupied until Sept 2024 after the refurb. I have heard stories that in Wales they charge 300/400% council tax on empty properties/2nd homes. Is this likely to be an issue?

TIA,

Nigel


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Comments

Reluctant Landlord

14:47 PM, 6th September 2023, About 8 months ago

if anything one thing is certain so far....avoid Wales!!!

Michael Johnson - Amzac Estates

17:20 PM, 6th September 2023, About 8 months ago

Nigel
We are a landlord here in Wales and truthfully you may be better off investing your money elsewhere . The regulations are pretty strict as you many end up needing a rent smart wales licence which needs an exam passing, probably a HMO licence as its at least 3 unrelated people ( you could argue its rent a room or lodgers)
Unless you are picking the property up at a real bargain and hope to make significant capital appreciation as you have not mentioned where in Wales I would reconsider
However feel free to message me if you are still keen

David Rose

8:41 AM, 7th September 2023, About 8 months ago

Not sure of the lodger rules in Wales (2 non family members), but in England the owner has to live at the property.
Also you don't say if you're buying cash or via a.mortgage, but B2L mortgages usually have a clause restricting letting to a relative.
Thirdly if you're letting the whole property, rather than individual bedsits, even if your daughter doesn't pay, HMRC may see it differently.

HouseBuyer

8:49 AM, 7th September 2023, About 8 months ago

Reply to the comment left by David Rose at 07/09/2023 - 08:41I don't think the owner needs to live at the property for rent-a-room scheme (assuming it even applies in Wales). From gov.uk:
"The Rent-a-Room Scheme allows owner occupiers and tenants to receive tax-free rental income if you provide furnished accommodation in your only or main home."
I think my only option would be to buy/refurb the property (no mortgage required) and let my child have use of it for 2 years. They would then be free to use the rent-a-room scheme to invite their friends in and reduce their student loan. Then I am able to sell afterwards leaving me with only the capital gain (and the satisfaction that my child's student loan is significantly smaller than it otherwise would have been).

DAMIEN RAFFERTY

12:53 PM, 7th September 2023, About 8 months ago

If you have the money to pay cash then why not buy in son/daughter name with a legal written contract that when they sell you get back the money you have invested.
Property belongs to student son or daughter.
Use Rent a room to have 1 or 2 student tenants.
No council tax
£7500 rental income tax free
Anything over £7500 gets taxed.
However the owner has £12,500 Income tax allowance each year if they have No other employment.
Lodger agreement and not tenancy
Owner pay all the bills

philip allen

17:41 PM, 10th September 2023, About 8 months ago

Just a thought................I am currently selling a two bed apartment in Cardiff Bay......

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