Letting a buy to let apartment to own Ltd Company?
Letting a buy to let apartment to own Ltd Company?
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W4NTED

Original Poster:

771 posts

245 months

Monday 19th January 2015
quotequote all
Advice required on the scenarios below and whether any of these are legal:

1) Husband mortgages a buy to let property and let's it out to his wife's LTD company - husband has no share in wife's business

2) Husband and Wife duo let out their mortgaged buy to let to wife's LTD company

3) Wife lets out her mortgaged buy to let to her own Ltd company where she is the sole director

Which of the above is "above board"?

We are looking for an office space for the wife's business so if this is an option we could buy an apartment and use it as an office (no people will be visiting the premises - all work done online and on phones). B\etter than paying rent as we would effectively be paying for our own property.

kev1974

4,030 posts

160 months

Monday 19th January 2015
quotequote all
To start with you'll likely have income tax to pay on the rental income that will probably negate whatever you're trying to save by doing this, the buy to let mortgage will have various conditions attached to it that expect to see a residential tenancy agreement in place, and depending on the property the freeholder and the local council might get uppity about a residential property being let to a ltd company?

Eric Mc

125,863 posts

296 months

Monday 19th January 2015
quotequote all
If you are converting a residential apartment into a bona fide business office you might face planning problems.


W4NTED

Original Poster:

771 posts

245 months

Monday 19th January 2015
quotequote all
The apartment is not in a building block it is a standalone apartment - one of those on top of a shop on a high street.

JonRB

80,145 posts

303 months

Monday 19th January 2015
quotequote all
If the Ltd Company is conducting business from the apartment, you might find that the Council require Business Rates to be paid. Also the Mortgage Lender might have provisions that the property is only let on a Residential basis.

There might be a case for the director of the company to personally rent the property and then claim back through their company on a "home office" basis, but you should really discuss this with your accountant as it will probably be an absolute minefield.

zuby84

995 posts

221 months

Monday 19th January 2015
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Some BTL mortgages also preclude you from renting to a family member; however I'm not sure how they would treat a Ltd company controlled by your wife.

soxboy

7,573 posts

250 months

Monday 19th January 2015
quotequote all
Sounds like it would create more problems this it would solve.

Surely it would be easier to rent out the flat in the usual manner on an Assured Shorthold Tenancy to a third party and then you/ wifey just rent an office and pay the associated costs? I would have thought the price per sq ft of renting an office would be less than what you'd achieve for renting the flat.