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

broclo

lol...btw...I have not been sitting here all day, msn is alerting me with a big 'ding dong' as I subscribed

broclo

I think that I'd better get a new printer as mine is playing up...too masny issues...possibly epc(but unsure), GSC, Tax, address request, plus possibly asking yet again for the agents they failed to use returning the keys as that is bothering me a bit

As ll's bro work long hrs(c/o addy) I'll post first class with a COP and not recorded, as I understand that is sufficient?

Oh and just very 'distant' pictures were given to me to sign in the place of an inventory. I took more myself as they were rubbish, but I think I will forward copies to LL with a full written one, which should should protect me. Pictures from LL also show some random bits of furniture, but the place is unfurnished.

Hmmm, there seems to be an awful lot of areas in which I should cover myself in case the LL gets nasty. I'm normaly so careful, but it was an 'emergency' move and a case of take it or mentally go ga-ga lol

clutton_2

broclo -- as i said ages ago - you are taking on far too much here - and Lynz is right - you seem to have got fired up just because you have come across so much more additional information from us all here.

This landlord now, almost certainly, thinks of you as a very troublesome tenant and will more than likely issue you with a Section 21 notice as soon as she possibly could - on the grounds that, from her perspective, you will be very hard work as a tenant. (I am not denying the moral efficacy and the legality of your arguments here)

A landlord needs NO REASON to issue a Section 21 - and - as i mentioned earlier - you must check your tenancy agreement to see if you have a break clause - if you have - then you are running the risk of being evicted in a few months time.

Life is about compromise - and i think you have not looked at the big picture here - the big picture is keeping a safe roof over your families head - end of.

i doubt very much if these folks will comply with their legal responsibilities.

It is fine for franklee, and me, and others, to tell you what the law says are your rights - but its not us who will be evicted with two small children in tow.

If this landlord is so uncaring as to refuse to make your gas installations safe; get an ERC; pay her taxes etc etc and has no knowledge about the rest of L&T law - she will not get ANY better.

Your next "arguement" will certainly be about repairs - and in a few months time you will wish you lived elsewhere.

Sadly tenants very very rarely win against landlords who are stubborn and ill-informed - no matter how many of your rights you know - at the end of the day you are gambling with your security of your roof over your head.

A "moral" victory here is not what you want - you need a stable and supportive landlord - is she/bro EVER going to be that ?

you know the answer to that.

Forget all the fighting for now - pay some rent then look for somewhere else - you will not win this battle in the way you want it won - having the law on your side and getting others to abide by that law are 2 entirely separate things - as Eagerlearners thread will show you

good luck

franklee

clutton wrote: »

This landlord now, almost certainly, thinks of you as a very troublesome tenant and will more than likely issue you with a Section 21 notice as soon as she possibly could - on the grounds that, from her perspective, you will be very hard work as a tenant. (I am not denying the moral efficacy and the legality of your arguments here)

A landlord needs NO REASON to issue a Section 21 - and - as i mentioned earlier - you must check your tenancy agreement to see if you have a break clause - if you have - then you are running the risk of being evicted in a few months time.

Yes but as said to broclo last night, a section 21 cannot be served if the deposit isn't protected. So I'd hang fire on the deposit issue for now so as to pospone any eviction.

broclo

clutton wrote: »

broclo -- as i said ages ago - you are taking on far too much here - and Dozer is right - you sem to have got fired up just because you have come across so much more additional information from us all here.

This landlord now, almost certainly, thinks of you as a very troublesome tenant and will more than likely issue you with a Section 21 notice as soon as she possibly could - on the grounds that, from her perspective, you will be very hard work as a tenant. (I am not denying the moral efficacy and the legality of your arguments here)

A landlord needs NO REASON to issue a Section 21 - and - as i mentioned earlier - you must check your tenancy agreement to see if you have a break clause - if you have - then you are running the risk of being evicted in a few months time.

Life is about compromise - and i think you have not looked at the big picture here - the big picture is keeping a safe roof over your families head - end of.

i doubt very much if these folks will comply with their legal responsibilities.

It is fine for franklee, and me, and others, to tell you what the law says are your rights - but its not us who will be evicted with two small children in tow.

If this landlord is so uncaring as to refuse to make your gas installations safe; get an ERC; pay her taxes etc etc and has no knowledge about the rest of L&T law - she will not get ANY better.

Your next "arguement" will certainly be about repairs - and in a few months time you will wish you lived elsewhere.

Sadly tenants very very rarely win against landlords who are stubborn and ill-informed - no matter how many of your rights you know - at the end of the day you are gambling with your security of your roof over your head.

A "moral" victory here is not what you want - you need a stable and supportive landlord - is she/bro EVER going to be that ?

you know the answer to that.

Forget all the fighting for now - pay some rent then look for somewhere else - you will not win this battle in the way you want it won - having the law on your side and getting others to abide by that law are 2 entirely separate things - as Eagerlearners thread will show you

good luck

I think the sheer fact that I have had the 'audacity' to challenge them over the tax issue, based on their aggresive and childish nature to date, will mean that whether I lay down or stand up and fight, that I'll get a section 21

Although at the moment they can not serve it as they have failed to protect my deposit

So surely if I really believe(due to hearing their attitude in telephone conversations etc) that they will gain possesion asap, it does not make a bit of difference whether I am sweetness and light or get tough?

I can't control how they now treat me, but perhaps I can atleast make sure MY deposit is protected, my children's health whilst I am here and that I do not end up liable for tax? Surely to 'lie down' would be completely foolish. Additionaly, I believe that there is a fair chance that, if I do not challenge them to meet with the LAW, that they will probably act the same way to a future tenant.

Not all tenants are aware of tax, the tds issues, GSC's etc...should I not do what I can to at least influence their future treatment of any tenants? What if the new tenant does not go and buy carbon monoxide testers like myself???




Again, not being argumentative, just thrashing the point out

broclo

franklee wrote: »

Yes but as said to broclo last night, a section 21 cannot be served if the deposit isn't protected. So I'd hang fire on the deposit issue for now so as to pospone any eviction.

Good point, I have raised the deposit issue, mentioned it is legally required etc, but have not at any stage spoken of things like court action and x3 deposits etc

I will hang on this, but just raise the other issues by mail

clutton_2

""Yes but as said to broclo last night, a section 21 cannot be served if the deposit isn't protected."" of course, i had forgotten that franklee.

" So I'd hang fire on the deposit issue for now so as to pospone any eviction. " - good idea - don't forewarn the LL.

another way forward with this tax business would be just to pay the LL the full rent until you have the correct documentation to prove that you have to pay/not pay the tax, then, if you do have to pay the tax, deduct it from your 6th months rental - sending then zero rent in month 6. As long as you tell the Council and LL and the IR what you are doing you will be covered.

Dont start fighting other tenants battles - you have enough on your own plate here !!

do your friends call you "Joan of Arc" by the way ?

broclo

clutton wrote: »

another way forward with this tax business would be just to pay the LL the full rent until you have the correct documentation to prove that you have to pay/not pay the tax, then, if you do have to pay the tax, deduct it from your 6th months rental - sending then zero rent in month 6. As long as you tell the Council and LL and the IR what you are doing you will be covered.

Dont start fighting other tenants battles - you have enough on your own plate here !!

do your friends call you "Joan of Arc" by the way ?

CNR have advised me that I have a legal responsibility to deduct the 20%, plus any arrears from the instant I either take on a tenancy with a NRL or are aware that they are a NRL. They also say that it needs to happen at every stage. Additionaly I need to pay the 20% to them and file paperwork 4 times a year, the next one being the end of july, for rent from april/may.june. Therefore I can not deduct it at the end of the tenancy.

lol no...but I do hate thinking that there is even a chance of a future tenant of this LL's losing their deposit or their safety being comprimised, surely that is only natural?

broclo

clutton wrote: »

- don't forewarn the LL.

another way forward with this tax business would be just to pay the LL the full rent until you have the correct documentation to prove that you have to pay/not pay the tax, then, if you do have to pay the tax, deduct it from your 6th months rental - sending then zero rent in month 6.?

Ah..plus it would need to be out of month 5 aswell...so 2 months at the end of that period they would be harassing me anyway possibly.

If it were possible anyway

broclo

I have not sent me reply to the brothers email yet, was still tinkering.

I have however just recieved this email from the LL...which was CC'd to LL's bro and a law Co.

Miss ***,

If you continue to pester me and my family with emails on subjects that you know very little about and are none of your concern then I will have no choice but to ask my solicitors and the authorities to issue a restraining order. I am beginning to feel you have an unhealthy obsession with me and my affairs.

Until I have been out of the country for more than six months consecutively, I am still resident in the UK, and having spoken to the HRMC they have confirmed this. They have suggested that I provide you with a letter to confirm this and to also confirm that I will be returning to the UK within this six month period, to allieviate any concerns you may have that my tax situation is in any way your affair. I will email a copy of this and send a hard copy in the post. If you wish to give me a name of someone at the HMRC who is giving you different information, please do so as I think it would be prudent for this person to be contacted also, as they seem to be informing you that different rules apply to me than everyone else who is resident in the UK.

You clearly have no interest in remaining in my property as a paying tenant so I am happy for you to move out at your earliest convenience, thus saving yourself any further grief you may have over my tax situation and residential status and my other personal affairs.


Regards

Mrs ***

I'm feeling rather 'argh' now. I have not pestered her or her family. During a conversation with her brother I said I would email as I felt it best. I have simply addressed issues as they have emailed me.

I feel it is of my concern if the CNR think I may be liable, surely I was right to raise this issue???

The CNR told me today it is not 6 months consecutively???

She may indeed return, she said she would visit with her her baby when born. She did however say she was emigrating, thus the reason for renting their home!

And here's me sitting and 'softening' my email to her! I can not understand the extreme reaction, why can she not see that I am protecting myself and acting on the CNR's advice, based on the info she has given me(previously)? I have only replied to emails from her and her family wth facts.

Hell I have a headache!