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you are perfectly entitled to go to court on the grounds that your tenant has breached the contracthiggledypiggledy_pop wrote: »I appreciate what you're saying but I don't know why everyone here is apparently such an experienced landlord and yet so defeatist about a tenant blatantly breaking their agreement, if every time things go wrong you just throw your hands up in the air and say 'well I actually can't enforce anything in the contract' ....?
the law you would use restricts your case to being one at the discretion of the court and the courts have repeatedly made it plain that they regard discretionary grounds as not being enough to make then throw a tenant out of the tenant's HOME on what is often a technicality of the contract (or in your case a dog wiff)
courts do not put people on the street unless there is very good reason to do so, discretionary grounds rarely are0 -
OK I am willing to give you the benefit of the doubt that what you write is actually happening
in that case PLEASE understand what you have said above is dangerous nonsense
you are no longer living in the UK. You intend to return to the UK in the future.
your agent is following the law by deducting basic rate tax from the rent they collect. Granted of course you know nothing about tenancy law so I'll say it again - that is the law.
the law says you MUST submit a tax return. The money deducted by the agent is not the end of the matter, in fact it is the worst outcome for you because HMRC now know you are letting a property, receiving rent, but have not submitted a tax return. You can therefore expect to be fined for non submission when they chase you for it.
your agents is not an accountant and knows nothing about your tax position. Your agent cannot possibly submit an accurate profit calculation - all they can do (and probably are) is meet the legal requirement imposed on them as your agent, deduct and pay over 20% tax. End of their responsibility, what comes next will be your fault and your problem.
go and read the non resident landlord scheme rules NOW before it is too late for you to get out of the hole you have dug through letting a property without any idea at all, or willingness to educate yourself first, of what that entails
I did live overseas, now I am living in Scotland but the property is in England, does this change anything? I am currently on the phone waiting for HMRC to answer because I am concerned that the agent is uncontactable.0 -
THAT IS WRONG please learn from what you are being toldhiggledypiggledy_pop wrote: »It is how it works, the agent has paid up all my taxes for the previous 12 month let and the short term lets, if there is any declaring to be done then they have done it!0 -
No one is being defeatist just realistic you might want to try it. Knock yourself out. Issue a Section 8 on ground 12 and see how far you get.
Oh and the bubonic plague was spread by fleas not rats.
I do apologise, why don't I ask my tenants to add some hypoallergenic rats and their army of friendly fleas to the petting zoo they are creating in my ancestral home.0 -
This is not the first straw by the way, what looked like a cat has previously been sighted in the window but I let it slide. Since the tenants continue to lie to me about the dog I would not be surprised if there is a cat as well.0
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higgledypiggledy_pop wrote: »I have no idea what that is so I certainly have not given it to anyone.higgledypiggledy_pop wrote: »Backing down, walking away! This is not Britain any more.
yes it does, it means your agent has no authority at all to deduct rent from the tenant as the LL is UK resident and should calculating and declaring their own rental profit via their own tax return.higgledypiggledy_pop wrote: »I did live overseas, now I am living in Scotland but the property is in England, does this change anything? I am currently on the phone waiting for HMRC to answer because I am concerned that the agent is uncontactable.
you are UK tax resident but have no idea what an NI number is? You have now drip fed another bit of info, that you are no longer abroad. Have fun dealing with HMRC, they will run rings around you.0 -
higgledypiggledy_pop wrote: »I did live overseas, now I am living in Scotland but the property is in England, does this change anything? I am currently on the phone waiting for HMRC to answer because I am concerned that the agent is uncontactable.
You were overseas, ended up on the non-resident landlord scheme according to your dodgy agent, and apparently you and your agent think you are still on it despite you being back in the UK?
You are from here, living in Scotland now and say you don't know what a National Insurance number is?
Total and utter wind-up :rotfl:
(If not, you and HMRC are going to have so much fun.)0 -
yes it does, it means your agent has no authority at all to deduct rent from the tenant as the LL is UK resident and should calculating and declaring their own rental profit via their own tax return.
you are UK tax resident but have no idea what an NI number is? You have now drip fed another bit of info, that you are no longer abroad, Further reinforces the views taken by some on here that this is not real as no one can mess it up this much.
Have fun dealing with HMRC, they will run rings around you.
OK, NI number stands for national insurance number. I have heard of it but I can not remember giving it out. I have not had much cause to use these things as I have never technically been 'employed'. I am beginning to think I may have been wrong to trust this agent.0 -
And he never sold it to me as a non-resident landlord scheme, just some administrative deal where they would sort out any taxes for me. Maybe I am ignorant, but that does not mean I deserve to be savagely mocked for my mistakes!!0
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Just out of curiosity how old are u and was your home passed down to you? NI is basic knowledge and even though I am very early on in the home owner territory I know all that info was needed massively for me to buy a house, get a mortgage etc....reason between the lines it sounds like this is a flat you inherited and then someone called u with something u have little experience in and it all sounded too good to be true you couldn't wait to get in on earning some easy money...0
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