Furnished Holiday Lettings: Taxation

Angus Brendan MacNeil Excerpts

Wednesday 1st May 2024 Westminster Hall

[Peter Aldous]

I agree wholeheartedly. I had planned to raise a lot of the points that have been made; let me now get on to back them up with the evidence.

Since the Budget, I have been contacted by many constituents highlighting their concerns. I am grateful to them for their feedback, as well as to PASC, the Short Term Accommodation Association and the National Farmers Union for all their briefings and advice.

In some ways, I have a sense of déjà vu, in that the proposal mirrors in many ways those put forward in the 2012 Budget to tax Cornish pasties and static caravans. In his Budget speech, my right hon. Friend the Chancellor stated that he had concerns that the current tax regime for FHLs is distorting the market and that there are not enough properties available for long-term rental by local people. Therefore, to make the tax system work better for local communities, he plans to abolish the FHL regime. In the accompanying Red Book, the proposals are described as having the advantages of tax simplification, creating a level playing field and supporting people to live in their own areas. I have concerns that the proposals will not fulfil those objectives, and I hope I can illustrate why.

The Office for Budget Responsibility has calculated that the measure, along with the abolition of the multiple dwellings relief, will raise £0.6 billion of additional receipts by 2028-29. That figure pales into insignificance compared with the potential loss of value added and local jobs, which I shall outline shortly.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)]

I am grateful to the hon. Member for giving way and for securing the debate. In a response that I had from the Chancellor last week on this very issue, he talked about housing and the distortion for local people, but there is no evidence that if these houses went on sale they would become affordable houses by any manner of means. To echo the point made by the right hon. Member for Orkney and Shetland (Mr Carmichael), it is many years since the housing charity Shelter told me that there were more second homes in Norway than in Scotland, but there were more first homes in Norway as well. The point is, let us have more first homes, but let us not be damaging the very weak economy of many of Scotland’s islands by doing that.

[Peter Aldous]

I thank the hon. Gentleman for that point, which he made particularly well. Hopefully, it will also come out as I move forward in my speech.

In the first instance, it is necessary for me to set out what I would describe as a few home truths and to set the record straight. First, it is important to point out that the FHL regime is not a tax loophole; it was introduced in 1984 specifically to cater for the fact that a holiday let business is very different from a private rental business. Forty years on, that remains the case, and it should be pointed out that strict criteria are in place if people wish to move into the regime.

Secondly, it should be emphasised that furnished holiday lettings are a long-standing economic lifeline for many coastal and rural areas.

--- Later in debate ---

[Peter Aldous]

I do agree, and that point illustrates that this is a multifaceted problem or issue. A whole host of organisations need to sit around the table and come up with solutions that are bespoke and right for their councils or counties, or indeed for their devolved nations.

[Angus Brendan MacNeil]

The hon. Gentleman is bang on. He is essentially saying that one size does not fit all and that we should find the right solution for every place, because the current provision is a very blunt instrument.

[Peter Aldous]

I thank the hon. Gentleman for that further observation; he is right.

As I was saying, my second point is that it should be emphasised that furnished holiday lets are a long-standing economic lifeline for many coastal and rural areas. The regime supports micro and small businesses that are the cornerstone of many visitor economies. Abolishing it would hurt those businesses—including farmers who have diversified into tourism, as well as other businesses such as pubs, which rely on the lets for trade—and PASC estimates that even a modest 20% reduction in furnished holiday lets could result in the loss of £1.9 billion GVA and 46,000 jobs. The former figure is considerably higher than the Office for Budget Responsibility’s assessment of the additional tax that will be generated.

Thirdly, furnished holiday lets are not the cause of the housing crisis, as I think colleagues have mentioned. PASC estimates that a total of 197,000 properties in the UK fall within the FHL regime. Due to planning restrictions, 39% of those holiday let properties can only be used for holiday purposes. That means that 76,000 furnished holiday lets could not be used as residential dwellings, and only 121,000 furnished holiday lets have planning permission to be used as residential dwellings. The context is important: those 121,000 dwellings without planning restrictions have been established not in the past three or four years but over many decades; however, they represent 0.4% of the 30.1 million total UK housing stock and just 40% of the annual house building target of 300,000 new homes. Although there might be anecdotal evidence to suggest that private rental landlords are moving into the short-term let sector, PASC can find no quantitative data to support that conclusion. Indeed, less than 2% of traditional short-term let businesses had previously rented their properties out as a long-term let.

[Peter Aldous]

My hon. Friend makes a good point that reinforces my arguments about the unintended consequences of this proposal.

My fourth point is that there is no statistical evidence to suggest that furnished holiday lets have a disproportionate impact on house prices. As part of the consultation on the proposed introduction of the new planning use class for short-term lets in England, the Great British Holiday campaign commissioned an economic impact study by Frontier Economics on the size, growth and economic importance of traditional holiday lets in rural and coastal communities—unfortunately just in England, but I am sure that is equally relevant to Scotland and Wales. Frontier Economics found that there was no relationship between popular holiday let areas and the growth rate of real house prices between 2015 and 2022.

My final home truth is that there would be unintended consequences of a change to this taxation regime.

[Angus Brendan MacNeil]

While listening to the hon. Gentleman, it occurred to me that extended family or community members who come back home to an island often use such holiday lets—I could give personal examples from the past year of people returning from New Zealand, Canada and even mainland Scotland. Such properties have a community health aspect to them, over and above the money that they are raising in the economy.

[Peter Aldous]

I thank the hon. Gentleman for that intervention. He is correct.

The unintended consequences of this taxation regime are that there would be thousands of job losses; a proliferation of empty properties, which could not be used for long-term lets for planning reasons; and a loss of billions of pounds to coastal and rural areas. According to PASC, of its members whose businesses would become non-viable and would have to be sold, 39% believed that the most likely buyer would be a second-home owner; 37% that the property would be bought by another holiday operator; and 16% that the purchaser would come from outside the area. In short, the policy would provide very limited assistance to the group that it is seeking to support: local people looking to rent a local home.

I will finish quickly and not take any more interventions to give the Minister an opportunity to respond. I have nine questions for him. First, what is the Treasury’s evidence to suggest that abolishing the holiday letting regime will encourage a significant number of businesses to convert from furnished holiday lets to the private rented sector, so as to justify the harm that it will cause to tens of thousands of small and microbusinesses? Secondly, why was there no consultation prior to the proposal, and will the Treasury now commit to a full public consultation due to the significant number of businesses that expressed concerns subsequently? Thirdly, has the Treasury considered the potential unintended consequences of abolishing the FHL regime, including the risk that it will lead to more empty second homes in rural and coastal areas? Fourthly, if the abolition of the FHL regime results in a reduction of furnished holiday lets, what evidence does the Treasury have to suggest that this vital bedstock of many rural and coastal economies will be sustained by other visitor accommodation?

Fifthly, will the Treasury consider the recommendations of the Institute for Fiscal Studies and reverse the mortgage interest relief restrictions that have stifled the supply of the homes that renters desperately need? Sixthly, why does the Treasury consider that a bespoke tailor-designed scheme for holiday lets that has operated successfully for 40 years should now be abolished if there is scant evidence to suggest that different tax regimes have resulted in private rental landlords switching to furnished holiday lets? Seventhly, will the Treasury ensure that the abolition of the FHL regime will not result in a group of people who are essentially entrepreneurs being retrospectively taxed at a rate that is 4% higher than the top rate of capital gains tax that applies to a passive investor of listed shares?

Eighthly, does the Treasury consider that the 5,000 new furnished holiday let properties in the UK that PASC guesses may have been created annually since 2016—so 40,000 properties—have had a significant impact on the current housing crisis when compared with the 30.1 million UK homes, 1.5 million empty or vacant homes and the commitment to build 300,000 new homes each year? Finally, will the Treasury align the VAT treatment of holiday lets with that of long-term lets if the policy intention is to align the tax treatment of furnished holiday lets and the private rented sector, or will actively managed FHLs now face a more punitive tax regime than a passive private rental investor?

In conclusion, the proposal does not create a level playing field. If it is to be equitable, it will be necessary to complicate the tax system, not simplify it, and it will have a very marginal impact, if any, on enabling local people to rent homes in their local area. The industry is asking that the Treasury undertakes a full public consultation of any legislation, which I personally think is being remarkably polite.

I cannot see a case for changing the current regime. There should be no future finance Bill to legislate for these changes, and like the proposed taxes on Cornish pasties and static caravans, the proposals should be shelved. Instead, a consultation should take place so that a more targeted localised approach, as opposed to this rather blunt instrument, can be worked up by Government, the devolved Assemblies and local government. That way, more focused and localised solutions can be put in place where they are needed, so as to ensure that more properties are available for long-term rent by local people.