Why Are Landlords Forming Limited Companies for Their Rentals?
23 July 2024
Why Are Landlords Forming Limited Companies for Their Rentals?
Why Are Landlords Setting Up Limited Companies for Their Rentals?
Since 2017, the number of landlords forming limited companies for their properties has surged, with 300,000 registered in 2022 alone. Today, approximately 40% of new buy-to-let purchases are made through a company structure.
This shift stems from the 2015 tax reform known as Section 24, which altered how landlords are taxed on rental income. Previously, landlords could deduct mortgage interest and other costs before taxation, but Section 24 now requires landlords to pay tax on their total rental income, with mortgage interest relief capped at the basic income tax rate of 20%.
In this blog, we’ll explore why landlords are transitioning to limited companies and weigh the advantages and drawbacks of this approach.
What Is Section 24 and How Does It Affect Landlords?
Implemented fully in 2020, Section 24 changed the tax relief landscape for landlords. Under the new rules, landlords are taxed on their full rental income, with mortgage interest relief capped at the basic income tax rate of 20%. This change has driven many landlords to set up limited companies to manage their tax liabilities. However, it's important to consider whether this move is beneficial for your situation.
Benefits of Setting Up a Limited Company
- Reduced Tax Bill
- Limited companies are taxed at the corporation tax rate of 25%, which can be lower than the personal income tax rates for higher earners. This can result in significant tax savings.
Limited Liability
A limited company structure separates personal and business finances, protecting personal assets from business liabilities.
Increased Flexibility with Profits
Profits in a limited company can be reinvested, used to pay down debt, or distributed as dividends, offering more flexibility in managing income and investments.
Easier Ownership Transfers and Inheritance Tax Benefits
Transferring ownership and managing inheritance tax is simpler within a company structure, potentially reducing stamp duty and capital gains tax liabilities.
Potential Drawbacks of a Limited Company Structure
Not Ideal for Lower Rate Taxpayers
For landlords in the basic income tax bracket or with only a single property, the benefits of a limited company may not outweigh the costs.
Transfer Costs
Existing properties must be sold to the company, incurring stamp duty and other costs, which may lead some landlords to retain personal ownership of their existing properties.
Increased Administrative Responsibilities
Running a limited company involves more paperwork and compliance, including company tax returns and detailed financial records. This may require hiring an accountant, incurring additional costs.
Double Taxation Concerns
While a company pays corporation tax on profits, any salary or dividends taken by directors are subject to personal income tax.
Limited Capital Gains Tax Allowance
There is no tax-free allowance for capital gains when selling properties through a company, though the lower tax rate and other efficiencies may compensate for this.
Higher Mortgage Costs
Mortgages for limited companies may come with higher fees and interest rates, and fewer products may be available compared to personal buy-to-let mortgages.
Complex Equity Release
Releasing equity from a property is more complicated in a limited company structure, as funds withdrawn must be declared as income and are subject to tax.
How Should You Proceed?
Deciding to form a limited company involves several factors and should be tailored to your specific financial situation. For landlords in higher income tax brackets, consulting with a financial advisor can be beneficial to determine if this structure is advantageous.
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Understanding the Key Differences and Choosing the Right Solution
As of January 31, 2025, major changes have come into effect under the Leasehold and Freehold Reform Act 2024 (LAFRA), significantly improving the rights of leaseholders. One of the most impactful amendments is the abolition of the two-year qualifying rule, which previously required leaseholders to own their property for at least two years before they could apply to extend their lease or purchase the freehold. What Has Changed? Under the previous system, leaseholders had to wait for two years before they could take action on securing their long-term property interests. This often led to complications, especially for those looking to extend a lease or buy their freehold shortly after purchasing a property. The removal of this restriction provides immediate eligibility for leaseholders to: - Extend their lease without waiting two years. - Purchase the freehold of their property as soon as they take ownership. This reform provides greater flexibility and control over property ownership, enabling leaseholders to make timely decisions that align with their financial and personal circumstances. Why Is This Change Important? The abolition of the two-year rule is a crucial step in modernizing leasehold law and improving homeowners’ rights. Key benefits include: Increased property value – Leaseholders can extend their lease sooner, preventing property depreciation due to a shorter lease term. More certainty for homeowners – Immediate action can be taken to secure long-term ownership. Better financial planning – Leaseholders can manage costs more effectively without delaying essential leasehold improvements. Simplified transactions – Those purchasing leasehold properties can now address lease terms right away, avoiding the risk of additional costs and legal restrictions later on. What Does This Mean for Leaseholders? Although the two-year rule has been removed, the process of extending a lease or purchasing the freehold remains complex. Leaseholders must still follow the legal procedures, negotiate with the freeholder, and meet financial obligations. Key considerations include: Valuation Costs – Determining the premium to be paid for a lease extension or freehold purchase. Legal and Professional Fees – Engaging solicitors and surveyors to manage the process. Leasehold Reform Timelines – Understanding the statutory process for lease extensions and enfranchisement. Given the complexities involved, leaseholders are strongly advised to seek expert legal guidance to navigate the process efficiently and ensure they fully understand the implications. Further Leasehold Reforms to Watch The abolition of the two-year qualifying rule is part of a broader government effort to enhance leaseholder rights and simplify property ownership. Additional reforms under the Leasehold and Freehold Reform Act 2024 include: Potential caps on ground rent charges. Changes to service charge transparency. Improved rights for leaseholders to challenge unfair management fees. Enhancements in collective enfranchisement rights for leaseholders who want to buy their freehold together. Leaseholders are encouraged to stay informed about upcoming changes that may impact their rights and responsibilities in the coming months. How Northmode Properties Can Help At Northmode Properties, we specialise in providing expert guidance on lease extensions, freehold acquisitions, and property management. Our team understands the complexities introduced by these reforms and can offer tailored advice on navigating the new legal landscape. Whether you are looking to extend your lease, purchase your freehold, or understand how these changes affect your property, we are here to help. Get in touch with Northmode Properties today to ensure you are making informed decisions about your leasehold property.
Identifying Mismanagement and Taking Action for a Better Living Environment When you invest in a leasehold property, you expect your building to be well-maintained, safe, and efficiently managed. However, not all block management companies uphold their responsibilities effectively. If you’re experiencing frequent issues with maintenance, poor communication, or rising service charges without improvements, it may be time to assess whether your block is being mismanaged. A well-managed block should provide a clean, secure, and well-maintained environment for its residents. If your property is suffering from ongoing neglect, financial mismanagement, or unresponsive management, these could be warning signs that your block is not being run efficiently. Common Signs of Poor Block Management 1. Service Charges Keep Increasing Without Improvements Service charges are a necessary part of maintaining shared spaces and services within a residential block. However, if your charges are continually rising without any noticeable improvements to the building, this could indicate financial mismanagement. Residents should expect transparency in how their fees are allocated, including: Clear breakdowns of maintenance costs. Justifications for any increases. Evidence of value for money in service contracts. If you’re paying more but seeing little return, it could be a sign of inefficient spending or poor financial oversight. 2. Delayed or Ignored Repairs A well-managed block ensures that maintenance issues are resolved promptly. If you find yourself reporting the same issue multiple times without resolution, this points to a lack of proactive management. Common signs include: Leaks or damp issues left unresolved. Persistent electrical faults in communal areas. Unrepaired security features, such as broken gates or intercom systems. Delays in essential maintenance can lead to larger, costlier repairs over time and significantly impact residents’ quality of life. 3. Poor Communication and Lack of Transparency One of the biggest frustrations for residents in a poorly managed block is the lack of communication from the management company. If you experience: Long response times to emails or calls. Unclear information about scheduled maintenance or upcoming costs. A lack of engagement with residents regarding key decisions. ...then your management company may not be fulfilling its duty to keep leaseholders informed and involved. 4. Persistent Issues with Shared Facilities A well-maintained block should ensure that shared facilities remain in working order. If you consistently experience issues such as: Non-functioning lifts. Faulty or broken door entry systems. Poorly maintained communal areas. ...it suggests that the management team is either neglecting maintenance or failing to allocate resources effectively. This can pose safety risks to residents and reduce the overall value of the property. 5. Unclear or Unjustified Service Charge Spending Do you know where your service charge money is going? If financial reports are vague, or you’re being charged for services that don’t seem to be provided, this could be a red flag. Transparent financial reporting should include: An annual breakdown of service charge spending. Competitive quotes for maintenance and repairs. Justification for any unexpected costs. If your management company is unwilling to provide this information, it may indicate inefficiency or poor financial planning. 6. Poorly Maintained Communal Spaces The condition of communal areas is often a clear indicator of how well a building is managed. Warning signs include: Dirty or uncleaned hallways and stairwells. Overgrown gardens and unmaintained landscaping. Overflowing bin stores and poor waste management. Neglected communal spaces not only reduce the appeal of the building but can also lead to health and safety hazards. 7. Security Concerns and Safety Issues Your property management company has a duty to ensure the safety of residents. If you notice: Faulty security doors or broken entry systems. Poor lighting in corridors, stairwells, or car parks. A lack of fire safety measures, such as outdated extinguishers or missing fire risk assessments. ...it could mean that your building is not being properly managed in accordance with safety regulations. The Impact of Poor Block Management Neglecting property management responsibilities affects everyone in the building. When management companies fail to uphold their obligations, it can lead to: Increased costs due to long-term neglect and major repairs. Declining property values due to poor upkeep and dissatisfaction among residents. Unnecessary stress for leaseholders dealing with unresolved issues. What Can You Do If Your Block is Poorly Managed? If you recognise these issues in your building, it’s important to take action. Here’s how you can address mismanagement: Raise Concerns with the Management Company Communicate issues formally and request a timeline for resolution. Ask for financial transparency and justification for service charges. Check Your Lease Agreement Understand the terms relating to management responsibilities. Verify whether leaseholders have any rights to challenge poor management. Engage with Other Leaseholders Gather support from fellow residents to collectively raise concerns. Consider forming a Residents’ Management Company (RMC) if applicable. Consider a Right to Manage (RTM) Application- Leaseholders may have the legal right to take over management duties from the existing agent. This can be an effective way to regain control over service charge spending and building maintenance. Switch to a More Reliable Block Management Company - If the current management company is failing in its responsibilities, leaseholders can seek alternative professional management. A reputable company will prioritise maintenance, financial transparency, and resident communication. How Northmode Properties Can Help? At Northmode Properties, we specialise in professional block management across Manchester and the Northwest, providing expert maintenance, financial transparency, and proactive property care. We have successfully taken over mismanaged buildings and transformed them into well-maintained, efficiently run properties. Our services include: Clear and transparent financial reporting so leaseholders know where their money is going. Regular maintenance and inspections to ensure high standards are maintained. Responsive communication with leaseholders, addressing concerns promptly. Strategic cost management to keep service charges fair and justified. If you believe your block is being neglected, it doesn’t have to stay that way. Get in touch with us today to discuss how we can help improve your building’s management and ensure it runs smoothly and efficiently. T: 0161 676 0084