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

PasturesNew

Not read it all ... need an EPC too before renting now.

broclo

franklee wrote: »

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

Thanks franklee, I will add the paragraph you suggest towards the end as it will soften it as I can not see a way of softening the facts given by the CNR.

I will add those details also as you are right about covering myself in case of any future court action

Although I'm not going to send it until I've had a few hours break away as I can not see the wood for the trees at this precise moment.:rolleyes:

Plus i'm starving and better work out why my 2yr old is not back yet, when he was due half an hour ago:rolleyes:

Bet he is being a nightmare like his mummy!:D

broclo

PasturesNew wrote: »

Not read it all ... need an EPC too before renting now.

Don't blame you lol

I was aware of that. I understand it is a requirement to produce to a prospective tenant.

I can't however find anything indicating that an existing tenant is entitled to view or even recieve a copy though?

Argh..I'm off

broclo

Reading EagerLearners thread.... this post throws a spanner in the works! http://forums.moneysavingexpert.com/showpost.html?p=2598992&postcount=36

lynzpower

broclo wrote: »

Wow, does it come across that way? Genuinely asked, not sarcasticaly!

I felt I was being direct, showing that bullying will not achieve anything and that I am not intimidated by threats of the LL telling the council I'm commiting fraud etc.

I have has the LL and LL brother screaming at me, being derogative about me etc in conversations and felt very bullied. I have at all times been completely civil and calm.

However, does there not come a point where you say, enough is enough, here are the facts and not try to pretty over things when LL's start threatening action against you and interference when you are simply asserting your rights and responsibilities?

I agree actually. I wonder whether the reporting and talking of it on here has somehow fired you a little - I must admit sometimes posting for advice on here sometimes does that to me.

I think its needs softening a bit too, and to not reply to it till at least tomorrow.

broclo

lynzpower wrote: »

I agree actually. I wonder whether the reporting and talking of it on here has somehow fired you a little - I must admit sometimes posting for advice on here sometimes does that to me.

I think its needs softening a bit too, and to not reply to it till at least tomorrow.

Your probably right!

I've chipped some corners off the original a few times so far tonight and will carry on chipping gradually until it is softer and i'll not send it until I'm satisfied, whether that be tonight or tomorrow

Although franklee's suggest paragraph added to the bottom in addition to the opening i've added has helped alot

theartfullodger

lol just recieved a very 'bristly' email from OZ...telling me basically she knows it all and I'm to communicate through her solicitors from now on!

Hmmmnnn

a) You are entitled to her full name & address (the real address in OZ...)

"Landlord and Tenant Act 1985"
"Section 1"

• Full name & Address of Landlord
• If the tenant does not receive a reply within the 21 day period, s/he can inform the Tenancy Relations Officer (TRO) at the local authority. The TRO will investigate the case and can prosecute the person who has not provided the information.

b) A notice about an address to serve notices... see
http://www.lettings-landlords.co.uk/info/sec_47_48.html

“Landlord & Tenant Act 1987“
Section 48

• Address for serving notices

If you want to be difficult you would be entirely within your rights to ask for a notice of an address to serve notices, in writing. Without that the rent is not due. A email saying talk to my solicitors may not, i think, siffice..

Cheers!

Lodger (A Landlord)

franklee

broclo wrote: »

Reading EagerLearners thread.... this post throws a spanner in the works! http://forums.moneysavingexpert.com/showpost.html?p=2598992&postcount=36

There are two parts to this address issue:

1. Address upon which notices can be served.

Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served.

It's OK to use an agent or other person for this and if the brother's address was given (in the tenancy agreement or other paperwork) as the address upon which notices can be served then that is sufficient. I would think that court papers can be served there too.

2. Landlord's home address.

This comes under a different bit of legislation. Under section 1 of the Landlord and Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request have a right to the landlord's name and address.

This information must be supplied within 21 days. The legislation refers only to the landlord's name and address, not his telephone number or any other form of contact details.

So you could write to the brother's address requesting the landlady's home address. Maybe useful to know.

Great summary on llz here:

http://www.landlordzone.co.uk/forums/showpost.php?p=124239&postcount=1

broclo

theartfullodger wrote: »

Hmmmnnn

a) You are entitled to her full name & address (the real address in OZ...)



b) A notice about an address to serve notices... see
http://www.lettings-landlords.co.uk/info/sec_47_48.html



If you want to be difficult you would be entirely within your rights to ask for a notice of an address to serve notices, in writing. Without that the rent is not due. A email saying talk to my solicitors may not, i think, siffice..

Cheers!

Lodger (A Landlord)

I have recieved in writing the c/o address for serving notices.

I do feel concerned though after the post on EagerLearners thread, that a c/o address may not be adequate, especialy in light of her NRL status.

So I will write asking for the non uk address as you suggest.

Shame I'm liable for rent lol

broclo

franklee wrote: »

2. Landlord's home address.

This comes under a different bit of legislation. Under section 1 of the Landlord and Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request have a right to the landlord's name and address.

This information must be supplied within 21 days. The legislation refers only to the landlord's name and address, not his telephone number or any other form of contact details.

So you could write to the brother's address requesting the landlady's home address. Maybe useful to know.

Great summary on llz here:

http://www.landlordzone.co.uk/forums/showpost.php?p=124239&postcount=1

I think I will copy that legislation and actually include it in the request. I'm thinking that if my letters in the future do not just ask for action of some sort, but also provide the legislation, they may begin to realise that I'm not going to let them walk over me with 'because I say so'.

Thanks yet again franklee