The certificates (EPCs) are going to have to be provided freely, either when (or before) any written information about the property is provided to prospective tenants or a viewing is carried out. They won't have to be provided if the landlord believes the prospective tenant is not likely to have available funds to rent the property or is not genuinely interested.
A new certificate will not be required on each let since, in the case of rental property, EPCs will be valid for ten years.
The requirement is being introduced to comply with the EU's Energy Performance of Buildings Directive (EPBD) which applies to all property, including buy to let property. This became law in 2003 and allowed until January 2009 for full implementation so as to provide time for sufficient numbers of energy assessors to be trained.
The Directive's requirements have been introduced into English and Welsh law along with the controversial Home Information Pack regulations that order sellers to produce packs providing information about their title, local searches, plus an Energy Performance Certificate. The full requirements are included in the Home Information Pack (No 2) Regulations 2007 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007.
In Scotland, the Single Survey, the equivalent to HIPS, also includes an energy report requirement.
So far as energy performance is concerned, the regulations order an Energy Performance Certificate when a building is constructed, sold or let. When included in a HIP related to a property sale, the EPC should be no more than twelve months old when the property is first advertised. In other circumstances EPCs have a ten year life.
HIP requirements have already come into force so far as 3 and 4 bedroom properties are concerned. And EPCs will be required for all new builds from 6th April 2008, and for all rentals as from 1st Oct 2008.
In Scotland EPCs for buy to let properties module be required by January 2009.
By 2009, all buildings in the UK that are constructed, sold or rented out will have to have an EPC. In the case of larger public buildings a 'Display Energy Certificate' will have to be on show.
There are a number of different permitted assessment methods, their use depending upon the type of building being assessed. Dwellings will usually be assessed using the 'Reduced Data Standard Assessment Procedure' (RdSAP), an industry agreed accepted that allows some data to be inferred.
Its use involves inspectors collecting accepted information on the type of property and construction, the property dimensions including room sizes, types of windows, water heating systems and controls, and other details including wall, loft and water tank insulation. Agreed reference coefficients are then applied to arrive at an energy rating.
Energy Performance Certificate's for dwellings will rate the energy performance of buildings (not the appliances within them) on a scale of 'A' to 'G' - where 'A' is the most efficient, and 'G' the least. This module be displayed graphically in a similar way as present forcefulness labelling goods such as fridges and dish washers.
Two ratings will be shown: an overall energy efficiency rating, and an environmental impact rating in terms of carbon dioxide emissions - the higher the rating, the less impact on our environment.
The idea is that because Energy Performance Certificate's will be prepared using accepted methods with accepted assumptions, it will be possible to make comparisons of the energy efficiency of buildings. The Government argues that in the case of rental properties, high rating module be more desirable and will have most effect on the marketability of properties - and hence ultimately on rental levels.
Buy To Let Investments
With a trend that has moved away from investing in equities and pensions to secure financial security in old age, there are a growing number of people relying on buy-to-let investments to assure their future financial stability. The problem is that as soon as a buy-to-let property is sold the difference between the purchase price and the sale price is subject to Capital Gains Tax. This article looks at the different tax efficient ways of unlocking equity in buy-to-let properties
Unlocking Equity via a Lifetime Mortgage Loan
Recognising a changing market, several loan providers are now altering traditional equity release schemes to accommodate the rise in buy-to-let investment. The conventional method of taking out a lifetime mortgage against a person's main abode has now been extended to buy-to-lets, holiday cottages and second homes for the first time. A lifetime mortgage is a loan where there is no periodic premium payable and the interest accrues until either the investor dies, is put into permanent care or sells the property.
The schemes available to the over sixties are likely to prove popular to people who want to get at the equity in their properties without having to sell. They also avoid big capital gains tax (CGT) bills they would have to pay if they sold up, although it has to be said they could be potentially passing on a capital gain liability to their heirs.
The sustained increase in property prices means that buy-to-let investors and second homeowners are sitting on substantial profits. At the time of writing, property prices have risen 8% over the last year. This means that someone who invested £400,000 in buy-to-let properties a year ago is already looking at a capital gain of £32,000. The average buy-to-let portfolio, worth around £1.5 million has been boosted by about £100,000 in the last three months alone.
A higher rate tax payer who has made a £100,000 gain on a £250,000 buy-to-let property over the last five years would face a CGT bill of £31,000 it is was sold.
The new buy-to-let lifetime mortgage loans take advantage of the Inland Revenue (IR) rule that profits are calculated at death. When people die and leave their belongings to their families or anyone else there is no CGT to pay at the time. The CGT is only payable on the difference in value (by market value) at the time of death and when the home is sold.
In the above example a higher rate taxpayer could pass the entire property to his or her family CGT free. A year later the inheritor might sell the property for £260,000 and for tax purposes would have only made a gain of £10,000 and the tax bill would be reduced from £31,000 to only £480. However, you would still have to note that inheritance tax (IHT) would still have to be paid if the total value of the estate went over the current threshold of £285,0000.
One of the attractions of using the lifetime mortgage method to release equity is that the owner would still keep rental income for the lifetime of the loan and interest on the loan can be offset against tax, even though the interest is rolled up and only payable at the end of the loan term.
Lifetime mortgages are already very popular with pensioners who want to unlock equity but still live in their home rent-free. The problem is that the total amount of interest payable could wipe out any profits made on the taking part in the scheme. Another word of caution is that the interest on lifetime loans is higher than mainstream mortgages and may come out at between 1.25 and 2.0 points higher.
However some providers like Life Mortgages offer 'no negative equity' guarantees which guard against the rolled up debt every being greater than the value of the property it is secured against. This stops the potential of actually passing on debt rather than equity to heirs and leaves a worse case scenario of leaving no assets rather than having to pay off an outstanding loan to the mortgage provider.
Many experts suggest that Lifetime mortgages are only really beneficial to people who have no other means of supporting themselves in retirement.
Your age determines how much you can borrow and starts from around 15% of the property value at age 60% up to 48% for those aged over 90. At the time of writing the minimum amount providers will lend is £26,000 with a ceiling of around £500,000. It is also worth bearing in mind there are early redemption penalties if the loan is repaid early and the loan must be repaid in full within a year if you are forced to move into long term care.
Lifetime mortgages can only be obtained from providers who are authorised to sell them by the Financial Services Authority (FSA).
Summary
The positives of using these types of loans are that people can release equity tied up in a second home or buy-to-let portfolio without having to sell, capital gains tax is deferred and there are no monthly repayments, as the loan is only settled at the end of the term. Negatives are that it is a costly way to borrow and, as there are no repayments made against the loan, you are charged interest on the interest accrued, so the schemes have the potential of eating into or wiping out your family's inheritance.
Both Karl Hopkins & Adrian Hudson are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Karl Hopkins has sinced written about articles on various topics from Real Estate, Property Investment and Vacation. For further information on visit Residential Landlord the complete online resource for landlords and property investors with UK. Karl Hopkins's top article generates over 12100 views. to your Favourites.
Adrian Hudson has sinced written about articles on various topics from Debts Loans, Legal Matters and Mortgage. Adrian Hudson, a keen fan of horse racing in his spare time, has a background in finance. His specific area of expertise is personal finance and he currently works for the. Adrian Hudson's top article generates over 33100 views. to your Favourites.
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