NRL Scheme-As a tenant should I be witholding tax to pay to CNR/IR-or am I deluded?!

princeofpounds

Oh yes, and you might also wish to, when you contact the solicitors, ask them to advise the LL that you are:

* right on the tax
* right on the gas
* right on the deposit
* right on the EPC
* right on the witholding rent pending service address

and that these are all points of *law*, not obstacles that you have thrown up for them. They are all problems that have been created by themselves.

and state that you are disappointed that communication has broken down because of their failure to understand their legal obligations as landlords as you have done nothing wrong and only sought to have a proper, legal landlord-tenant relationship.

hmmm ok you might not want to be quite so scathing, but the solicitors will know you are right and they might even tell their client to stop being a fool.

broclo

sooz wrote: »

You seem well informed. What I can't understand is why, in which case, you'd take on the property without seeing the EPC, gas safety cert, & with such an incompetent duo in charge.

The repairs & drains are not your reponsibility. Nor is the painting, or the locks. This is the type of thing your LL or his agent should be dealing with (unless you blocked the drains by pouring your nappy or oil collection down there )

Keep your letters short, to the point, send everything recorded delivery, & keep a copy. It's all too easy with email to send in haste.

I was fleeing someone, so was all rather quick

The LL does not have an agent, but I've just done them as in all honesty, if I've been fobbed off for 2 months it is not going to happen! Now the LL is miffed that I'm acting upon the tax rules, they are hardly going to spend a penny in the property

But yes...I certainly get your point!

broclo

princeofpounds wrote: »

Congrats for asserting your rights. It might get difficult for you as a result but I often thing these people need to be put on the right path.

Have you considered the fact that if you do not have a valid address for service for the landlord in England and Wales then you are not obliged to pay rent (although it is backdateable when they provide one)?

Might be another way to teach them a lesson. It also helps protect you because at the moment I'm not sure you would even get her into court re teh deposit - if you serve notice to her brother she will just deny she received it and the court won't be able to proceed.

Brother's C/O address is not good enough unless you get written confirmation that it is until further notice.

The tenancy agreement states a c/o uk address which is her brothers. I was sent a letter also confirming that that is the address, should I ever wish to write or send a notice.

Does that cover it?

Thanks

princeofpounds

they are hardly going to spend a penny in the property

Doesn't matter too much (unless you were hoping for improvements). You have a right to repair which you can then offset against rent. It was established in Lee-Parker vs. Izzet (1971) and if you visit Shelter's website they tell you the procedure you need to follow.

broclo

princeofpounds wrote: »

Oh yes, and you might also wish to, when you contact the solicitors, ask them to advise the LL that you are:

* right on the tax
* right on the gas
* right on the deposit
* right on the EPC
* right on the witholding rent pending service address

and that these are all points of *law*, not obstacles that you have thrown up for them. They are all problems that have been created by themselves.

and state that you are disappointed that communication has broken down because of their failure to understand their legal obligations as landlords as you have done nothing wrong and only sought to have a proper, legal landlord-tenant relationship.

hmmm ok you might not want to be quite so scathing, but the solicitors will know you are right and they might even tell their client to stop being a fool.

I bet they do not even have one! I just got another email(I am just about to send a seperate one to state all correspondance will be via mailed letter, despite her brothers insistance btw). Apparently she is domiciled in the UK. Spoke to CNR...they basically said it bares no relevance, if I am to believe she is out of the UK for 6 months out of 12, she is to all intents a NRL, unless SHE proves otherwise.

I have been VERY polite, despite their terrible telephone manner etc, my email was rather hasty last night and therefore rather blunt. It was though because I was threatened that they were going to tell the council I was commiting benefit fraud...last thing I need! Especially as when I explained to the council, they did not even know about the NRL scheme or my duties, so think I'm in the wrong :rolleyes:

Anyway, the point is(sorry!) that after their recent conduct and attitude, I have no reason to hope for a good tenant/landlord relationship and therefore may just bite the bullet and let any letters be straight to the point, scathing or not.

It is not an attitude I want to take, but I fear it may be the one I need to take

Thanks

broclo

princeofpounds wrote: »

Doesn't matter too much (unless you were hoping for improvements). You have a right to repair which you can then offset against rent. It was established in Lee-Parker vs. Izzet (1971) and if you visit Shelter's website they tell you the procedure you need to follow.

These have been repairs, but up until (er a few hours ago) I was trying my best to be reasonable. I can tell they are in financial dire straights and so have just got on with it as the promises to sort the bits has not happened. I've done bits myself and so has a family member and I guess that it was easier to spend a reletively small amount of money to avoid issues.

However, if anything else needs maintaining or is broken through no fault of mine, I will now, without a doubt, make them uphold their responsibilities.

Thanks p of p

clutton_2

why is everyone giving the tenant a hard time here ? SHE is not in the wrong.... this LL reeks of ignorance, lack of professionalism, and irregularity.

i am ashamed of being a LL when i hear stories like this one.

Keep to your guns girl - keep on contacting the tax man - YOU will have a liability at the end of the tenancy if you do not pay up as you go along.

Re the lack of gas safety - i would write to the LL c/o of LLs bro immediately and say that you will be contacting a qualified Gas Engineer to come and complete a Landlords Safety Certificate by x date (say 2 weeks hence) unless one is provided by him and you will deduct the cost from your next months rent.

I would then wait and see what happens.

if nothing happens - then go to see your local council private sector housing officer who has the legal clout to make them do this.

if you do get a solicitors letter back, then it will try to bully you - come back here and let us know what it says...... sols will try to bluff their way through if they can earn a buck ....

i would also immediately write to the council with a copy of this threatening email - as if the LL does lodge a complaint about HB fraud - you need to have pre-emptd their nastiness.

They are trying to box very clever to get you out sooner rather than later - if they get your benefit stopped, 32 days later they can take you to court for non-payment of rent and a judge willl have no option other than to evict you

good luck

broclo

clutton wrote: »

why is everyone giving the tenant a hard time here ? SHE is not in the wrong.... this LL reeks of ignorance, lack of professionalism, and irregularity.

i am ashamed of being a LL when i hear stories like this one.

Keep to your guns girl - keep on contacting the tax man - YOU will have a liability at the end of the tenancy if you do not pay up as you go along.

Re the lack of gas safety - i would write to the LL c/o of LLs bro immediately and say that you will be contacting a qualified Gas Engineer to come and complete a Landlords Safety Certificate by x date (say 2 weeks hence) unless one is provided by him and you will deduct the cost from your next months rent.

I would then wait and see what happens.

if nothing happens - then go to see your local council private sector housing officer who has the legal clout to make them do this.

if you do get a solicitors letter back, then it will try to bully you - come back here and let us know what it says...... sols will try to bluff their way through if they can earn a buck ....

i would also immediately write to the council with a copy of this threatening email - as if the LL does lodge a complaint about HB fraud - you need to have pre-emptd their nastiness.

They are trying to box very clever to get you out sooner rather than later - if they get your benefit stopped, 32 days later they can take you to court for non-payment of rent and a judge willl have no option other than to evict you

good luck

Ek...Think I will call the Council and inform them, then follow up with a letter-typicaly printer is out of action...just my luck!

Oh, and I'm sure there are plenty of wonderful landlords. These guys really do believe they are right though...:)

broclo

Just got mail from LL's brother...argh...really doubting whether i'm right or wrong...help lol

***,

*** is still a resident in England and the fact she is overseas is not an issue here. What you are suggest is similar to if you were to go away on holiday, you suddenly become a non resident of the UK which is ridiculous. I have no idea why you have taken it upon yourself to assume *** is a non resident. At present *** is overseas, however is still a UK resident and under UK tax, and will continue to be so for this tax year and will thus pay any tax that is due via her self assessment at the end of the current tax year! This is a standard practice and I fail to see why you feel the need to meddle in other peoples affairs and make it you goal to make everything as difficult as possible and involve yourself in *** tax affairs. This is not open to interpretation, you owe £***. We have spoken with [my local council] LHA . We have informed both our solicitors and [council] LHA of your ongoing refusal to pay the rent in full and both parties are taking action.

Regards,

***,

I have been informed that if she is out of the UK for more than 6 of 12 months she is classed as a NRL. I have been told that I am liable under the NRL scheme. I am simply acting on the CNR's advice.

*** informed me she is now living in Australia, the CNR have said unless I hear otherwise from themselves, that they will expect me to pay the tax.

I have not refused any payment, I have said that if I hear otherise from the CNR or am given proof that she is not a NRL, I will follow the advice of the CNR.

I am not 'medling' I have responsibilities and liabilities under the NRL unless I hear otherwise from a valid source.

Could I again request ***'s solicitors address

Kind Regards
Miss ***



Any thoughts anyone?
Apart from...STOP BLOOMIN EMAILING lol

broclo

Argh...he is FAST...

***,

*** hasn't been out the country for more than six months and thus is not classed as NRL, they have confirmed this and that you should not withhold tax.

Regards

***

Erm, I am getting confused. CNR said if it is believed a person is to be out of the uk for 6 months within a 12 month period (presumably also within the tax year? But she went away end march/start of April) they are a NRL.

LL's brother seems to indicate that he has spoken to the CNR and as she has not 'yet' been out of the UK for that period she is not a NRL?

Jeeps...I'm questioning it all now!