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

broclo

clutton wrote: »

i am so sorry to hear they have acted in such a horribly aggressive rude manner and good on ya for not retaliating.

But, yes, your language does come across with a great deal of "must" and "shall" stern type-language - may i suggest words like "suggest" "offer" "cooperation" "compromise" "way forward" "mutually acceptable interim solution" etc etc

ok - another compromise - wait till Friday then send this months rent less 20% which you can then put it into a separate savings account (along with last months 20%) - then send Landlord's bro a letter saying that until the facts are fully established you have set aside the tax in a separate holding fund and are enclosing the remainder - and dont forget to get a receipt. Send a copy of this letter to the tax man also.

Hmmm, looked at the letter again that I'm thinking of sending, I'll try to 'soften' it some what. However, the terms 'must' and 'shall' are essentialy due to the CNR telling me I 'must' and 'shall', bit hard to 'soften' the facts, but I'll look at it later when I've taken a few hours away from it.

Yes, at every step I will copy everyone in as I believe the LL and her brother to be very clever, not unimformed as has been suggested.

I am not going to directly communicate any longer with the LL's brother though as he seems to techincally have nothing to do with the situation, he was after all just verbaly appointed to assist over any basic issues like maintainance etc

Thanks for pointing out the percieved tone though clutton, I will try to find a balance between coming across factual and assertive, but not aggresive in my future communications

broclo

clutton wrote: »

i think your "thrashing out " shows great maturity !!

re deposits - what you may not know is that there have been several (maybe a dozen?) cases in which courts have ruled in landlords favour re deposits not being lodged within the prescribed 14 days - some judges seem to have ruled that as long as the deposit is lodged before the court case - then that is ok - no 3xtimes deposit is payable. you cannot guarantee getting the same judge in your local court who made this one decision - as small claims judgements do not set precedents in law.

Not sure about that, but I am trying to find a balance between being fair, asserting my rights etc, never hurts to try see both sides of the coin.

Oh golly, I know there is no guarantee, is there ever such a thing as one? There are so many factors and I do believe it depends on the judge and even what side of the bed he got out of. I just felt that if I did go down that route, a case in the same court, with a s.8 / x3, indicates that with the right preperation and putting the case across in a factual non agressive manner, may mean the judge granting it.

Although at this moment in time, I just am interested in sorting the tax issue(have written letter re GSC )

broclo

sooz wrote: »

I agree with Clutton. Stop emailing now. Calm down & read what you have written. Normally the ignorant don't take kindly to having this pointed out to them

Yes, your LL & her brother are totally inept LL's, but you need to back down to achieve a compromise.

Don't email. Send the rent minus the amounts you are led to believe you should withold. Then send a recorded delivery letter, saying the balance of the rent is held in a separate account until the matter is resolved. Copy the council in on your letter. The suggestion to leave the tax funds in the LL's solicitor' client fund is excellent. You just need the solicitors details.

lol I'm feeling calm...my eldest was taken off by a friend till erm...damn 13 mins time! As she could tell I was having a mare of day, bless her!


I do not intend to email in the future, well not on this issue anyway. But do you not feel if I was to send the suggested email, but softened as suggested by clutton, that I am claryfying the situation(as too many silly little emails) and informing the LL of my intentions, so that they are fully aware of my stance and indeed of what monies they are set to recieve and when?

It's just if I were the LL I would want to know asap, not wait for the monies appearing(she has no internet access at home) and a letter within a few days? Would it not be better to keep them informed?

Also the email I suggested makes it clear that they still have not given the solicitors details(I do not think they exist anyway lol), I will only communicate by letter etc, thereby not leaving the LL mentally in the lurch?

Also, I have a feeling if I do not send a 'final' email, that I'll get constant texts/calls and maybe a visit. I'm basing this on the LL/LL's brothers recent behaviour.

Sorry to bang on, i'm just trying to be fair, yet protect myself

clutton_2

not to be too blunt here - but - you are bending over BACKWARDS saying "take me - take me" to folks who are trying to shaft you !!!!!!!! - lol

switch off your computer - go for a walk, watch Holby or whatever - open some wine and have a great evening with the family !!

tomorrow is another day !

sooz

*SIGH* :rolleyes:

If you really must, then make it shorter...

Dear ..... (LL), with copy to LL's brother & copy to council

As you are aware, I've been advised by HMRC that I'm liable for your rental income tax, as no UK agent has been appointed to deal with the matter.

Until the matter is clarified by your solicitor, I am holding my tax liability in a separate account. I'd be happy to forward these monies to your solicitor to hold in his client account. Please forward his details.

The balance of the rent for ..th to ...th June is being paid to you now.

Regards,

Miss....

broclo

clutton wrote: »

not to be too blunt here - but - you are bending over BACKWARDS saying "take me - take me" to folks who are trying to shaft you !!!!!!!! - lol

switch off your computer - go for a walk, watch Holby or whatever - open some wine and have a great evening with the family !!

tomorrow is another day !

lol maybe...but I'm trying to be fair also. The LL and her bro are acting like right rascals...but then I remember that LL has a 18m old, is heavily pregnant with complications, has just emigrated, has no stable home yet and despite being a pain in the butt, could do with me atleast keeping her informed whilst I'm standing my ground.

Well ds1 is overdue home, so i'll be busy anyway...plus have not eaten yet :rolleyes:

broclo

sooz wrote: »

*SIGH* :rolleyes:

lol right rat bag arn't I :rotfl:

I ask for advice, yet seem to do what I want anyway :rolleyes:

Do you feel like your banging your head against a wall?







Thanks folks, your time and input is very much appreciated, even when hinting that i'm being a nightmare :D:D

clutton_2

""I ask for advice, yet seem to do what I want anyway :rolleyes:

Do you feel like your banging your head against a wall? ""

yup



whether the landlord is old, young, pregnant, whatever - they have legal duties to perform and yours is not only not doing that - but is also putting your families life at risk - they are not rascals - they are committing criminal offences here.

this is not a game - seriously - it is not.

the ONLY way you can make a landlord do what you want is by attacking him/her where it hurts and that is in his/her pocket

if you want something to do tonight punch in eagerlearner here and read her mammoth thread as to what some landlords will get up to - THEN see if you want to be so damned reasonable.

for goodness sakes look after yourself first - by at least delaying the rent until you have had your gas appliances checked out first.

did you know that any leaking gas hits the floor at a rate of knots first, so that crawling children are the first to be affected by the fumes ?

what do you think your LL would do if her landlord was not protecting her child with a gas safety certificate ???

if you MUST write - sooz's letter is absolutely spot on - just cut/paste/post

franklee

I do not think the tone of your email is too bad but the first bit could be a bit clearer to point out that her contacting CNR could easily sort it all out. You could soften it by saying that the situation is unfortunate for both of you and you don't really want to be a tax collector anymore than she wants you to collect the tax but unfortunately you have to comply with the inland revenue rules.

When you do write I'd suggest you give the landlady the links the the revenue information again and the name and phone number of the person at CNR you spoke to. I'd put in a suggestion that she contacts them herself. I'd mention that if she registers as exempt, then CNR can write to you letting you know you don't have to collect any more tax. But stress you do need that letter from CNR or an agent in the UK set up. Without either of these you do have to deduct the tax.

Also I'd state why you think she emigrated, who told you, when, what they said.

Imagine if it ever got to court your letters being read by a judge, you being firm yet reasonable paints a picture that you did the right thing. Let their emails show them up and you look even better as you didn't rise to any bait

broclo

clutton wrote: »

""I ask for advice, yet seem to do what I want anyway :rolleyes:

Do you feel like your banging your head against a wall? ""

yup



whether the landlord is old, young, pregnant, whatever - they have legal duties to perform and yours is not only not doing that - but is putting your families life at risk -

this is not a game - seriously - it is not.

the ONLY way you can make a landlord do what you want is by attacking him/her where it hurts and that is in his/her pocket

if you want something to do tonight punch in eagerlearner here and read her mammoth thread as to what some landlords will get up to - THEN see if you want to be so damned reasonable.

for goodness sakes look after yourself first - by at least delaying the rent until you have had your gas appliances checked out first.

did you know that any leaking gas hits the floor at a rate of knots first, so that crawling children are the first to be affected by the fumes ?

I will check that out later, always good to educate yourself that you could face a nightmare, even if it never transpires. Thanks.

I would withold, but I understand that 'techincally' even if a landlord is breaking the AST or the law, it does not therefore give me a right to do so myself. Ie...2 wrongs do not make a right. Sounds tempting though, but I am very inclined not to step away from my responsibilities as a tanant....

....although reading the thread you suggest may change that view?!

I have bought some really decent detectors and sent a letter requesting a copy of a current GSC, so unless it is not provided within the 7 days requested, I am thinking I can not do much more at this stage.

Certainly not taking it lightly though, I have a 6m old and 2yr old and bought detectors within days of moving in.

Thanks