• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Landlords to challenge controversial new tax laws in the Courts

This post is more than 10 years old

January 14, 2016 by Tessa Shepperson

Landlords Tax ChangesThis blog is on law not tax but sometimes I make an exception. You may remember that I did a post last year on the Chancellor’s extraordinary new tax laws for landlords which will start to come into force in 2017.

In a nutshell, it seems that under new rules introduced in the Finance Act 2015, landlords will be taxed on rental income without being allowed to offset their mortgage payments. So if they have a big mortgage they may find that they are being taxed on income they have never effectively had. Some landlords will end up making a loss.

However, this change will not affect all landlords – only ordinary people who have a buy to rent or other mortgage. It will not affect landlords without mortgages, corporations or overseas landlords.

This is a very serious development. If once the treasury start taxing businesses on income rather than profit – this will set a precedent. Who knows when it will end? And why should only ordinary people be affected and not wealthy cash buyers, companies or foreigners?

Landlords doing it for themselves

Two landlords, Chris Cooper and Steve Bolton have decided to do something about it. They have set up a legal team and are proposing to challenge the new law by way of Judicial Review. (Judicial review is a special type of court case where a Judge reviews the lawfulness of a decision or action taken by a public body – in this case the Conservative Government).

To help them fund this, they have turned to the crowdfunding service Crowd Justice,  asking for support to help them challenge this ‘Alice in Wonderland tax grab’.

It has been a very successful campaign so far, raising the initial seed funding of £15,000 within a couple of days and they have now raised over £50,000. However to support a complex legal challenge to the government they will need more than that. So the campaign remains active.

Why Section 24 needs to be challenged

I think the government should be challenged on this. Why?

  • no business should be taxed on income before deducting legitimate business expenses
  • ordinary citizens should not be treated less fairly than corporations or foreigners, and
  • this proposal came completely out of the blue without consultation and was not (so far as I am aware) part of their election manifesto

The specific legal grounds for the challenge is that clause 24 may unlawfully breach human rights and/or European Union law.

If you agree that the clause is unfair, particularly if you feel strongly, you should support the campaign.

A dangerous precedent

Many people are feeling smug about the new rules because they don’t like landlords. But maybe the government have deliberately chosen an unpopular class of people to trial these new tax rules?

Taxation on income rather than on profit is a dangerous precedent. If left unchallenged, it may be extended into other areas. Can we risk this? Can YOU risk it?

Previous Post
Next Post

Filed Under: News and comment Tagged With: Tax

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Ian says

    January 14, 2016 at 2:00 pm

    There is a Facebook page https://www.facebook.com/clause24/ being updated with the process of this. If you like the page, you will need the updates in your “Facebook newsfeed”

  2. Industry Observer says

    January 14, 2016 at 4:58 pm

    Tessa

    In fairness Landlords without a mortgage never had the benefit of being able to offset te interest against a mortgage in the first place. So being debt free was penalising yourself. have you (or anyone else making similar comments) considered this?

  3. sam says

    January 15, 2016 at 10:56 am

    Slightly off topic. What I find comical is the tories rejected this more reasonable amendment by a Labour mp. Saying its a pointless regulation, yet they themselves have/are passing things just as pointless/burdensome (DeRegulation act 2015 the practical requirments and Right To Rent,)Smoke detectors on day on tenancy . Some people still believe the Tory part are pro private landlord that can certainly not be said now.

  4. Mark bird says

    March 1, 2016 at 10:25 am

    All this will do is force landlords to up the rent for their tenants to pay

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy