Below are the key points in the new legislation:

An EPC must be commissioned before marketing a property for rent
Unless you already have an EPC available, you must commission an EPC from an EPC provider before you first put the property on the market for rent.

An EPC should be made available within seven days of a property first coming on to the market.
You must make reasonable efforts to make sure that an EPC for the property is available within this seven day period. If, despite using all reasonable efforts you cannot ensure that an EPC is available at the end of this seven day period, you must make sure that the EPC is obtained before the end of a further period of 21 days.Tthere is an absolute duty to make sure that it is available within 28 days of the property first being marketed.

An EPC must be available to any prospective tenant as early as possible.
Iit must be made available when a prospective tenant requests information, or asks to view the property. A copy must be handed over to the tenant before signing the tenancy agreement. These rules have always been in place, but many have mistakenly thought different. The rules have therefore been amended to make it clear what must be done.

Agents must be satisfied that the landlord has commissioned an EPC or has one available before marketing the property on their behalf.
It becomes the responsibility of a letting agent to ensure that this has been done.

The front page of the EPC must be attached to any written particulars
The first page of the EPC must be made available with any written particulars.

For more information, visit the RLA Website.

Accommodation consists of: Hallway, lounge with kitchen area, one double bedroom, Bathroom with separate corner shower cubicle.

Accommodation comprises: Entrance hall, lounge, kitchen, bathroom with electric shower, 2 bedrooms. Gas central heating and double glazing throughout.

Accommodation comprises: Entrance hall, Lounge, kitchen, 2 bedrooms, bathroom. Enclosed rear garden with side access. Gas central heating. Off road parking.

Accommodation comprises: Entrance hall, 2 reception rooms, kitchen, 2 double bedrooms, bathroom. Gas central heating. Enclosed rear garden.

Accommodation comprises:  Hallway with laminate flooring, L shaped lounge/diner with patio doors leading to enclosed rear garden. Understairs storage cupboard. Downstairs cloakroom. Kitchen with fitted gas hob and electric oven. 3 bedrooms. Bathroom with electric shower. UPVc double glazing throughout. Gas central heating.

Accommodation comprises: Entrance hall with access to garage, Large lounge, kitchen, 3 bedrooms, bathroom with electric shower. Rear garden laid mainly to lawn with gravel area. New carpets throughout.

 Whether you are a new landlord with a single property or an established landlord with a portfolio of properties you need to know the tax implications of being a landlord.

Here are some facts that explain how you can minimise your tax bill by claiming all allowable expenses and some simple planning ideas. It also warns you of some traps to watch out for.

 What expenses can I claim against my property income?

Expenses fall into two categories:

 v  Revenue – these expenses can be deducted from your rental income for tax purposes assuming they are incurred wholly and exclusively for the purpose of the rental business and are not of a capital nature. (See below for examples of such allowable expenditure).

 v  Capital – these expenses are only taken into account for tax purposes when you sell the property. Such expenditure includes the original cost of the land and property and any improvements and alterations.

Tax tip

It is not always straightforward determining whether a particular cost is revenue or capital. but as you can save significant amounts of tax if big cost items are categorised as revenue, it is worth considering whether the costs can be justified as revenue.

 What is the most tax efficient way for me to finance a rental property?

This will depend on your exact circumstances. However, it is worth remembering that you can get tax relief on any interest you pay on borrowings used for a rental property, whereas there is no mortgage interest relief for your own home.

 Tax tip

You may be able organise your borrowings to ensure you get maximum tax relief.

 How should I hold my rental property?

There are many different structures you can use. These include:

 v  Sole ownership

v  Limited company   

v  Partnership

v  Limited liability partnership

 When deciding which entity is right for your circumstances you should consider both the tax and non tax implications. For example, if you do not need the money from your rental business and you are a sole owner, you will still be taxed on your full profits. However, if you incorporated, you would only be taxed on what you withdraw. Furthermore, a company’s tax rate is lower than the higher rates of income tax, so savings may be made.

 Tax tip

You should choose your structure carefully when you set up your rental business because getting the most tax efficient structure can save you significant amounts of tax. You should also review your structure regularly, as circumstances and tax rules change.

 What can I do if my business is making a loss?

If your rental business is loss making, the losses you make can be rolled forward until you start making a profit. When your business does make a profit you can then offset the losses from earlier years against the profit.

 Tax trap

To benefit from losses in future years you must notify HMRC of the losses. The easiest way to do this is on your Self Assessment tax return.

 Will my spouse and I be treated as holding the rental property in equal shares?

If you and your spouse (or civil partner) hold a property jointly, the rental income and expenditure is automatically split 50:50 for tax purposes, irrespective of the proportions in which the property is actually held. You can instead elect with HMRC to have the rental income taxed in the same proportions as the property is legally held.

 Tax tip

If you and your spouse (civil partner) pay tax at different rates, you should review whether it would be beneficial to have a declaration of trust drawn up by a solicitor. This could mean that a higher proportion of the rental income is taxed on the spouse (civil partner) paying the lower rate.

 Examples of revenue expenditure normally allowable for tax

 v  Accountancy fees for preparing our rental business accounts.

v  Advertising and marketing costs

v  Bank charges

v  Cleaning

v  Council tax when the property is available for letting but not let.

v  Gardening

v  Gas and electricity safety certificates

v  Ground rent

v  Insurance on buildings and contents

v  Insurance claim expenses

v  Insurance for loss of rents

v  Interest charges on loans used to improve or build properties (subject to certain conditions)

v  Legal fees

v  Letting agent fees

v  Maintenance charges

 v  Mortgage interest charges

v  Rent collection charges

v  Repairs not providing a significant improvement to the property.

v  Replacing windows – even if you replace single glazed wooden windows with UPVc double glazed windows HMRC will treat this as an allowable revenue deduction

v  Services provision e.g. gas and electricity

v  Telephone calls made in relation to the property

v  Travel costs where the travel is solely for the purpose of the rental business

v  Water rates

Accommodation comprises: Entrance hall, Good size lounge with patio doors leading to enclosed garden. Kitchen. 2 double bedrooms with fitted wardrobes. Bathroom with shower over bath. Gas central heating, double glazing. Off road parking.

Fraudsters are going door to door looking for residents with pre-pay meters for gas and electricity and offering them fake discounted credits. The conmen then take money from the residents and use cloned keys to top up the meter illegally. Also called the “milk round scam”, unknown to the residents, they are continuing to rack up debts with the energy companies. In May 2011, 180,000 incidents of pre-pay meter fraud were reported in the previous twelve months.

Energy companies say that all new meters manufactured since April 2011 are safe from the scam because the master key will not work. But that still means the vast majority of pre-pay meters out there will be vulnerable.

Landlords are advised to inform their tenants of this scam. Energy companies do not go door to door offering discounts on their top up meter products.