I have just had an enquiry for a winter let, no dates specified but in any case I have a booking for one week on November, so I'm thinking mid November to beginning of March., 3 1/2 months.
Does anyone know what the legalities of this would be in Scotland?
Enquiry for 3 month rent.
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Enquiry for 3 month rent.
Better to be mutton dressed as lamb than mutton dressed as mutton!
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I rented my old house in Aviemore a couple of times on short, fixed term agreements - one for a year, the other, to friends needing a place for a couple of months while a house sale went through. It was slightly simpler in that I didn't have to register as a landlord, which you do, now, but I don't think that's difficult to do - for my Kingussie house, the agency I use did it for me with no issues. You need a rental agreement and the tenant pays the council tax.
I hope this helps - perhaps the council can fill in any gaps in my knowledge? Highland Council were very approachable when I spoke to them, so hopefully others are the same.
I hope this helps - perhaps the council can fill in any gaps in my knowledge? Highland Council were very approachable when I spoke to them, so hopefully others are the same.
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Re: Enquiry for 3 month rent.
In England this would mean that you no longer qualify as holiday letting. I think 31 days is the max but I won't take people for more than 28 consecutive days. The tax treatments, particularly CGT on sale, are quite different and I don't want to lose my holiday letting status.Jemima Copping wrote:I have just had an enquiry for a winter let, no dates specified but in any case I have a booking for one week on November, so I'm thinking mid November to beginning of March., 3 1/2 months.
Does anyone know what the legalities of this would be in Scotland?
Jonathan
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I just phoned the Highland Council and council tax would be due on this length of time and it is very easy to change back to a holiday letting, just a phone call will do it.As for tax, I haven't looked into that yet, but since we are well under the threshold for income tax anyway I don't imagine it would be much of a problem.
Income tax threshold is due to rise to 11 grand here in Scotland if not already done so.
Income tax threshold is due to rise to 11 grand here in Scotland if not already done so.
Better to be mutton dressed as lamb than mutton dressed as mutton!
Re: Enquiry for 3 month rent.
That's not quite right for England. Going over 31 days doesn't automatically disqualify you from FHL status, so long as you let for over 210 days, as lets of less than 31 days each. Lets over 31 days just don't count towards qualifying days. So, a 3 1/2 month let would be fine, so long as you can manage to let the rest of the year for 210 days as qualifying days. Even if you don't mange it, you can elect to have a 'period of grace' so long as you manage it the next year. (Could be two years, but not sure without checking). Not sure about Scotland though.Jonathan wrote:In England this would mean that you no longer qualify as holiday letting. I think 31 days is the max but I won't take people for more than 28 consecutive days. The tax treatments, particularly CGT on sale, are quite different and I don't want to lose my holiday letting status.Jemima Copping wrote:I have just had an enquiry for a winter let, no dates specified but in any case I have a booking for one week on November, so I'm thinking mid November to beginning of March., 3 1/2 months.
Does anyone know what the legalities of this would be in Scotland?
Jonathan
Hello Jemima,
I am not sure of the extent to which Scottish Law differs from English law with regard to letting to tenants, however if you were in England the following is recommended and I cannot see that it would be any different in Scotland.
Make sure you have your "tenant" credit referenced and take up references from an employer and proof of earnings.
If you are letting with a tenancy agreement, the tenant has far more rights once they get the keys to your property that a holiday let guest does.
Get at least 1 months rent in advance and you will need to register any deposit you take with a registered deposit protection company or else you will be breaking the law.
Finally, have a very detailed inventory ( covering everything in every room from the fact that the skirting boards are well fixed on to the walls and whether everything is in excellent, good or fair condition) and have the tenant sign every page with a copy to them and one for you. Plus photographs of every room. It is a good idea to get the tenant to sign and date the photos.
Don't forget you will,need a gas safety certificate (one copy for you and one for the tenant) and possibly electrical certificate if this is required in Scotland.
Or in other words, you may find it easier to manage this long term as a holiday let as you know the process better and have more rights over your property.
I am not sure of the extent to which Scottish Law differs from English law with regard to letting to tenants, however if you were in England the following is recommended and I cannot see that it would be any different in Scotland.
Make sure you have your "tenant" credit referenced and take up references from an employer and proof of earnings.
If you are letting with a tenancy agreement, the tenant has far more rights once they get the keys to your property that a holiday let guest does.
Get at least 1 months rent in advance and you will need to register any deposit you take with a registered deposit protection company or else you will be breaking the law.
Finally, have a very detailed inventory ( covering everything in every room from the fact that the skirting boards are well fixed on to the walls and whether everything is in excellent, good or fair condition) and have the tenant sign every page with a copy to them and one for you. Plus photographs of every room. It is a good idea to get the tenant to sign and date the photos.
Don't forget you will,need a gas safety certificate (one copy for you and one for the tenant) and possibly electrical certificate if this is required in Scotland.
Or in other words, you may find it easier to manage this long term as a holiday let as you know the process better and have more rights over your property.
Re: Enquiry for 3 month rent.
And that's not quite right either but this link gives you the gospel:Bunny wrote:That's not quite right for England. Going over 31 days doesn't automatically disqualify you from FHL status, so long as you let for over 210 days, as lets of less than 31 days each. Lets over 31 days just don't count towards qualifying days. So, a 3 1/2 month let would be fine, so long as you can manage to let the rest of the year for 210 days as qualifying days. Even if you don't mange it, you can elect to have a 'period of grace' so long as you manage it the next year. (Could be two years, but not sure without checking). Not sure about Scotland though.Jonathan wrote:In England this would mean that you no longer qualify as holiday letting. I think 31 days is the max but I won't take people for more than 28 consecutive days. The tax treatments, particularly CGT on sale, are quite different and I don't want to lose my holiday letting status.Jemima Copping wrote:I have just had an enquiry for a winter let, no dates specified but in any case I have a booking for one week on November, so I'm thinking mid November to beginning of March., 3 1/2 months.
Does anyone know what the legalities of this would be in Scotland?
Jonathan
https://www.gov.uk/government/publicati ... tings-2015
Jonathan
Re: Enquiry for 3 month rent.
Agreed. I knew 210 days came into in somewhere. The conditions increased in 2012/13. So, must be available for 210 days and let for 105 days. Not really surprising considering it used to be 140/70. A period of grace can be for two years.Jonathan wrote:And that's not quite right either but this link gives you the gospel:Bunny wrote:That's not quite right for England. Going over 31 days doesn't automatically disqualify you from FHL status, so long as you let for over 210 days, as lets of less than 31 days each. Lets over 31 days just don't count towards qualifying days. So, a 3 1/2 month let would be fine, so long as you can manage to let the rest of the year for 210 days as qualifying days. Even if you don't mange it, you can elect to have a 'period of grace' so long as you manage it the next year. (Could be two years, but not sure without checking). Not sure about Scotland though.Jonathan wrote: In England this would mean that you no longer qualify as holiday letting. I think 31 days is the max but I won't take people for more than 28 consecutive days. The tax treatments, particularly CGT on sale, are quite different and I don't want to lose my holiday letting status.
Jonathan
https://www.gov.uk/government/publicati ... tings-2015
Jonathan