Section 24 is the reason for rocketing rents – not landlords

Section 24 is the reason for rocketing rents – not landlords

0:05 AM, 14th November 2024, About a month ago 64

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Tenant group Acorn claims that rent caps are the solution to curb rising rents.

The group also believes “landlords have no guidance on what rent should be”, despite many landlords using the market rate in an area as guidance for setting rent.

Mick Roberts, one of Nottingham’s largest landlords housing benefit tenants, slammed Acorn’s call for rent caps, saying Section 24 is the real cause of high rents.

Rent cap could make it hard for landlords with mortgages

Keziah Hall, chair of the Acorn Brighton Union, told BBC Radio Sussex that several factors including second homes, a high student population, and an influx of commuters are all pushing rents up in Brighton.

However, Ms Hall argues that introducing rent caps could help curb these increases.

“The reality is, there’s no cap on rent,” Ms Hall said. “Landlords have no guidance on what rent should be. Ideally, rent would be tied to the living wage, but there’s nothing like that in place.”

The presenter of the radio programme hit back at Ms Hall, saying a rent cap could make it hard for landlords with mortgages to keep renting out their properties.

Ms Hall replied: “There needs to be something put in place for renters. Many people in Brighton and Hove are being pushed out because the rent is so expensive, and they can’t afford it.”

Section 24 is causing a housing shortage and higher rents for tenants

Despite Acorn’s call for rent controls, evidence from Scotland suggests they have had a negative impact, with rents rocketing by 14.3% in just one year.

Mr Roberts says rent caps will make it impossible for tenants to secure a home and scrapping Section 24 is the answer to stop rent increases.

Section 24 was introduced in the Finance Act 2015 by the then Chancellor George Osbourne which removed a landlord’s ability to offset their mortgage interest, from rental income before they calculated the tax liability and allow a 20% basic rate deduction.

Mr Roberts tells Property118: “Instead of pushing for rent caps that could make it impossible for landlords to stay in business, maybe it’s time to ask, “Why is rent so expensive?”

“One of the main reasons is Section 24 Tax, which is hurting tenants.”

He added: “Here’s an example, if a landlord is charging £800 a month in rent, their tax bill could be £320 a month. That leaves them with £480, which is less than the £500 mortgage payment, meaning they’re losing £20 every single month — £240 a year, per property.

“The government doesn’t want landlords to deduct mortgage interest before paying tax, unlike every other business.

“Before 2015, landlords could deduct mortgage interest like any other business, which made sense. However, the government brought in this anti-landlord measure to get votes and collect more tax, and now we’re seeing the consequences: a housing shortage and higher rents for tenants.”

Unfair that landlords are not treated as a business

Mr Roberts adds that it is completely unfair that landlords are not treated the same as other businesses when it comes to tax deductions.

He said: “Under the old system, a landlord charging £800 rent and paying a £500 mortgage would have £300 left over. After a £120 tax bill, they’d make £180 profit, which is enough to cover maintenance and repairs. That’s how every other business works.

“To put it in simpler terms, imagine a bricklayer who can’t deduct the cost of bricks as an expense. If they earn £500 for a job but spend £500 on bricks, they still have to pay tax on the full £500, even though they’ve made no profit.

“That’s how Section 24 is hurting landlords, and it’s one of the reasons rents are going up.”


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Ian Narbeth

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11:21 AM, 27th November 2024, About 3 weeks ago

Reply to the comment left by Mick Roberts at 15/11/2024 - 08:35Mick, coming late to this. Section 24 is pernicious but I think your figures are not quite right. Assume the landlord is an individual and his other income takes him into the 40% income tax band and there are no expenses.
Landlord receives £800pm rent
Tax on this is 40% x £800 = £320pm
Mortgage interest is £500pm
20% of this is deductible, i.e. £100.
Calculation is £800 - (£320-£100)
= £800 - £220 = £580.
Mortgage interest is £500 leaving £80 profit instead of £180.
If mortgage interest increased to £650 pm, the calculation is:
£320 tax less £130 (20% of £650) = £190.
£800 - £190 = £610 leaving a £40 loss.

This is not to criticise you but we need to be precise as our political enemies will pick on any mistakes to vilify us.

Mick Roberts

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18:31 PM, 27th November 2024, About 3 weeks ago

Reply to the comment left by Ian Narbeth at 27/11/2024 - 11:21
Yes Ian,
You & I understand this. And I have in my notes said something about a complicated 20% Tax credit back, but I do try & keep it simple for my tenants to understand so they get the outline. As it's that bonkers, they can't get their head round it.

And your figures have complicated me even more ha ha.

Yes even the enemies if they were to vilify us, there's not getting away from it, Section 24 is causing homelessness.

Peter Merrick

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21:53 PM, 27th November 2024, About 3 weeks ago

Reply to the comment left by Mick Roberts at 27/11/2024 - 18:31The simplest way to see it is that for a basic rate taxpayer, there is no effect. But for a higher rate taxpayer, the effect is to inflate the already high cost of the mortgage by 33% or one third of its nominal value. So a £300 mortgage requires £400 of rent to cover it. For additional rate taxpayers it is approximately a 45% surcharge (so £300 is covered by £436) and 100% for those in the 60% tax trap, I.e. now £600.

Mick Roberts

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10:26 AM, 28th November 2024, About 3 weeks ago

Reply to the comment left by Peter Merrick at 27/11/2024 - 21:53
Yes another way of putting it. When it first came in, I could work it out. I now give up & the Govt has had us over with everything else too.

Ian Narbeth

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10:42 AM, 28th November 2024, About 3 weeks ago

Reply to the comment left by Peter Merrick at 27/11/2024 - 21:53
Peter, I think a simpler way to look at it is that a taxpayer whose top rate of income tax is 40% pays extra tax of 20% of the amount of his mortgage interest. For a 45% taxpayer, it's 25%.

Peter Merrick

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21:18 PM, 28th November 2024, About 3 weeks ago

Reply to the comment left by Ian Narbeth at 28/11/2024 - 10:42Certainly that is a simpler way to look at it, but it is also not that helpful for financial planning as it is to do with the effects of tax vs tax relief, rather than just tax.
The correct calculations are as follows:
For any taxpayer, the net cost of £100 of mortgage is £80 after 20% tax deduction, which is to be serviced by £80 of net (post tax) income.
For a higher rate taxpayer, £100 of rent gives only £60 net income as 40% is deducted for tax, so it only covers 3/4 or 75% of the £80 required.
To get £80 net income as a higher rate taxpayer, you need to multiply this by 80/60 (= 4/3 or 133%), which is £133.33 or 1/3 more. So you need £133.33 to cover every £100 of mortgage, and the cost of the mortgage has effectively been inflated by 33%.
For an additional rate taxpayer, £100 of rent is only worth £55 net, so this needs to be multiplied by 80/55 or 145%, and so the cost is inflated by 45%.
For those in the 60% tax trap, £100 only gives you £40 after tax, so the real cost is multiplied by 80/40 to give 200%, so the cost is doubled.
This inevitably leads to higher rent to cover the inflated costs, lower margins or fewer leveraged landlords, probably all three.
In the meanwhile, those who are unleveraged reap the benefits of higher market rents because of the perverse effects of this unprecedented fiscal attack on landlords, which falls unequally and unfairly on those who used a mortgage to provide their tenant with somewhere to live.
Let be clear, this is a double taxation, because the tenant's income is taxed twice before the mortgage is paid, rather than just once when the mortgage is held in the tenant's name. It is highly likely that the government has always known this.
So it may make better business sense for some landlords to have a small number of unleveraged properties rather than a larger number of leveraged properties.
Or perhaps lenders could be persuaded to let the tenant pay the mortgage directly in lieu of some of the rent so that their mortgage payments are not taxed twice?

Reluctant Landlord

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9:06 AM, 29th November 2024, About 3 weeks ago

I wonder...will it get to the point where the dividing line is really going to be between the PRS LL's with borrowed finance and those that don't?

NewYorkie

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13:00 PM, 29th November 2024, About 3 weeks ago

Reply to the comment left by Reluctant Landlord at 29/11/2024 - 09:06
That is certainly one dividing line, but another is whether a LL is incorporated or not. I would also factor in the impact of BTR.

Jim K

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11:52 AM, 3rd December 2024, About 3 weeks ago

Reply to the comment left by NewYorkie at 14/11/2024 - 15:40
'Requiring' or ' Demanding' social housing.
There are very few affordability checks once a T has 'won' a social rent house.
Perhaps they should pay market rent if they erecieve over a certain amount of money monthly etc?

Peter Merrick

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12:04 PM, 3rd December 2024, About 3 weeks ago

Reply to the comment left by Reluctant Landlord at 29/11/2024 - 09:06
Or those on a low income whose rental income does not put them above the higher rate threshold.

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