Buy To Let Investors
Buy To Let Investing
Whether you are a first-time investor, or an experienced property owner restructuring an existing portfolio, our expert buy to let solicitors at Myerson are here to provide practical, solution-focused support to match your goals.
A buy to let property (BTL), is a property purchased by an investor to rent out to a tenant in return for a rental income. This can often be seen as a low-risk investment, with a reliable source of income and the opportunity to make a capital return when you come to sell the property in the future.
However, in the current economic climate with shifting tax rules, changing interest rates, and broader financial uncertainties, property investors have more to consider than before to maximise their investment.
The Current Challenges
When choosing a buy-to-let property to invest in, it's no longer just about picking a good location and finding reliable tenants; some of the decisions you make today can have long-lasting consequences on both your short-term rental returns and your long-term growth.
Buy to let property ownership involves balancing many moving parts. The market has evolved rapidly due to:
- Tax Legislation Changes: Government policies around mortgage interest relief have shifted, especially for individual investors, impacting the net return on rental income.
- Economic Shifts: Interest rates are constantly changing, affecting your mortgage payments and overall profitability.
- Regulatory Requirements: Both energy efficiency regulations (the minimum EPC rating is E for rented properties) and obligations for Houses in Multiple Occupation (HMOs), can add complexity.
- Financing Challenges: A buy to let mortgage often includes more strict lender requirements than a standard residential mortgage, plus potential personal guarantees for company purchases.
Building a Property Portfolio with Confidence
Before looking at BTL mortgages and the tax implications, assessing the long-term viability of any property you plan to buy is crucial. Although we can't advise on these factors, these are the main points to consider:
- Projected Rental Income: Establishing the right amount of rent per tenant to balance profitability and competitiveness in the rental market.
- Location and Local Amenities: Understanding how close proximity to public transport, schools, and shops can influence rental demand and future resale value.
- Age of the Building and Maintenance Costs: Factoring in repairs and upkeep can be a major ongoing expense for landlords.
- Energy Efficiency: Ensuring the property meets the minimum EPC rating of E, in line with current legislation, and discussing potential improvements that could add to the value and compliance of the property.
If you eventually decide to sell, having chosen the right property from the start can make that process smoother and more profitable.
Buy to Let Financing
One of the most significant differences between buying a primary residence and purchasing an investment property is the mortgage arrangement. A standard residential mortgage is not valid if you intend to let the property, meaning you will need a specific buy to let mortgage. This type of mortgage can involve:
- A Larger Deposit: Many buy to let lenders expect a higher loan-to-value (LTV) ratio.
- Interest Only Repayments: It is common for buy to let mortgages to be interest-only, with the capital due at the end of the term. Investors often plan to sell or refinance at that point.
- Personal Guarantees: If you buy in the name of a limited company or another corporate structure, the lender might demand a personal guarantee from you as an individual. Our solicitors can provide the necessary advice before you commit to such a guarantee.
Buy to let mortgages also contain more special conditions that must be satisfied before funds can be released. These conditions may include:
- Planning Consents and Building Regulation Approvals: This is especially relevant if your property is classified as a House in Multiple Occupation (HMO).
- Company Documentation: If you purchase the property via an investment company, you must comply with the Companies Act, including the submission of any relevant corporate resolutions or confirmations.
Our Residential Property Solicitors are on the panels of the majority of mortgage lenders, which means we are familiar with the precise requirements each lender sets. We guide you step by step, from gathering the correct paperwork to finalizing the mortgage, reducing delays and complications in the conveyancing process.
The Tax Implications of Buy to Let
When estimating the overall cost of a buy-to-let property, it’s not enough to factor in just the purchase price and any potential renovation budget. You will also need to account for various tax obligations, including:
- Income Tax on Rental Income: Your rental earnings will typically be subject to income tax. Depending on how much you earn from other sources and how the property is structured, this can significantly impact your net returns.
- Capital Gains Tax: When you eventually sell, any appreciation on the property value may trigger a CGT liability.
- Stamp Duty Land Tax (SDLT): For second homes and buy-to-let properties, higher (additional) SDLT rates apply. This is especially notable when purchasing property through a company. Most individual purchasers also pay these higher rates.
We recommend consulting a tax advisor for a clear picture of how these taxes will affect your personal or corporate situation. Our solicitors concentrate on advising you in relation to SDLT, particularly when it comes to additional rates, and ensuring that all legal obligations are met at the time of purchase.
Utilising Property Incorporations
Due to the changing tax implications, many buy to let investors are now choosing to purchase properties via a company. This approach can offer various advantages, such as:
- Allowing the company to deduct mortgage interest paid on a buy to let property, something that is no longer available to individual UK tax residents.
- Potentially benefiting from retained profits being subject to corporation tax rather than higher income tax rates.
- Providing flexibility if you plan to refinance the properties in the future.
If you already own buy to let properties in your name or in a partnership, you may wish to consider incorporating your portfolio into a company to enjoy these possible advantages. Our residential property and corporate teams collaborate with tax advisors to make sure everything is structured correctly. We coordinate all necessary documentation, oversee the legal transfer of property title(s), and handle any simultaneous refinances as needed.
Click below to learn more about how to incorporate your property portfolio in the dedicated section of our site:
Director Selling Property to a Company
If you are a director wishing to transfer property owned in your name to a property investment company, then our team of expert solicitors can help. This type of purchase may be funded via a director’s loan and our solicitors can assist in documenting the transaction in the correct way.
The purchase of the property by the company would attract the additional rates of SDLT on the full market value of the property.
Buy To Let Investors FAQs
What Are The Benefits Of Investing In Buy To Let Property?
Investing in Buy to Let (BTL) property can offer a reliable source of rental income and potential capital returns upon selling the property in the future. It is often considered a relatively low-risk investment option.
What Should I Consider When Choosing A Property To Invest In?
When choosing a property for investment, it’s important to consider factors such as:
- Projected rental income to ensure profitability and competitiveness in the market.
- Location and local amenities, as proximity to schools, transport links, and shops can impact rental demand and resale value.
- Age of the building and maintenance costs, since ongoing repairs and upkeep can significantly affect overall expenses.
- Energy efficiency, ensuring the property meets the minimum required EPC rating (currently E) and evaluating potential improvements.
When Should I Think About Restructuring My Property Portfolio?
You should consider restructuring your property portfolio when:
- There are changes to tax legislation, particularly regarding mortgage interest relief.
- Economic shifts, such as fluctuating interest rates, impact your mortgage repayments and overall profitability.
- Regulatory changes, like new energy efficiency standards or requirements for Houses in Multiple Occupation (HMOs), affect your current holdings.
- You could benefit from tax advantages associated with incorporating your portfolio into a limited company structure.
How Can I Maximise My Investment?
To maximise your Buy to Let investment, it’s important to carefully evaluate long-term viability, manage maintenance and energy efficiency proactively, and consider tax implications, including possible benefits from incorporating your properties into a company structure. Get in touch with our property team to find out more.
Why Work With Our Residential Property Team?
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- You will have access to more than 30 property experts across the Myerson Property Group, including residential property, property litigation, construction, commercial property, conveyancing and development.
- You will receive city-quality residential property legal advice at regional prices.
- We provide a partner-led service to ensure you receive the very best legal advice and commercially minded support.
- We have a large team which can meet your deadlines.
- We understand that each transaction is bespoke to your circumstances and that you need support from a conveyancing lawyer who is experienced in dealing with a wide variety of clients and types of work.
- We are a full-service law firm operating from a one-site office, which means our property teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible, and that geographical distance is no bar to us from providing excellent client service.
Meet Our Residential Property Solicitors
Home-grown or recruited from national, regional or city firms. Our residential conveyancing solicitors are primed to provide a stress-free premium service, whilst solving your residential property matter.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information: