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

broclo

The lovely PasturesNew gave me some info regarding the EPC they failed to provide...


The Landlord has to have the EPC and give it to you BEFORE you sign a tenancy.

http://www.rla.org.uk/landlord/guides/epc/

"Failure to provide an EPC can result in a fine of 12.5% of the rateable value of the building up to a maximum of £5,000. Enforcement is carried out by local Trading Standards departments."

http://www.epcbusinesssolutions.co.uk/epc/energy-performance-certificates.htm

franklee

There is nothing to debate with the landlady.

I'd still follow CNR's advice until you get a letter from CNR (or another part of HMRC) telling you that the landlady is exempt. I'd emphasise again if the landlady was legit and just didn't realise about all this non-resident stuff then Why doesn't she just ring up CNR and get it sorted out asking them to write to you as their guidelines state?:

http://www.hmrc.gov.uk/cnr/nr_landlords.htm

Letting agents and/or tenants don't have to deduct tax if HM Revenue & Customs (HMRC) tells them not to HMRC will tell an agent/tenant not to deduct tax if Non resident landlords have successfully applied for approval to receive rents with no tax deducted. But even though the rent may be paid with no tax deducted, it remains liable to UK tax. So Non resident landlords must include it in any tax return HMRC sends them.

After all by the time any mortgage interest payments and costs are taken into account she probably won't owe much tax anyway and she could easily get an exemption from the tenant's collecting tax.

As for the rest you were told she was emigrating and have covered the six month issue with CNR. Giving her the name of the person you spoke to there is a good idea as already said. If she can thrash it out with them and they write to you all is sorted. But you do need to tell the landlady you need that letter from HMRC letting you off the hook.

broclo

Another email(no i'm not responding to these and still have not sent the reply I put here to send to her brother)...

Miss ***

Please find attached a letter for your records. A hard copy will be arriving in the post shortly.

As previously discussed, I am happy for you to move out of my property at your earliest convenience, as I have no desire for you to suffer any further stress or worry regarding my personal affairs.

Regards


Mrs ***


Then the attached letter states...

Further to your email correspondence and concerns you have expressed regarding my residential status in the UK, please accept this letter as confirmation that I have been resident in the UK since birth, and although I am currently out of the country on a personal matter, I can indeed confirm to you that I will return to the UK by the 30th September 2009, which will make my stay out of the country no longer than six months.

I have no plans to become a non-resident of the UK and to be out of my home country for more than six months.

I hope this letter clarifies the situation for you and thus absolves you of any present and future concerns you may have regarding my personal tax and residential affairs.

If you have any further questions regarding this matter, I would ask you contact my solicitors, who will be happy to clarify any points you do not understand.

Regards




Fine and dandy BUT she told me that she was EMIGRATING.


Argh!

broclo

franklee wrote: »

As for the rest you were told she was emigrating and have covered the six month issue with CNR. Giving her the name of the person you spoke to there is a good idea as already said. If she can thrash it out with them and they write to you all is sorted. But you do need to tell the landlady you need that letter from HMRC letting you off the hook.

Thanks Franklee, for the umpteenth time

I understand the above, however if she has now sent me this letter, what then should be actions be if I believe it to be incorrect as she told me she was emigrating?

I have now been given assurance from her that she is not apparently going to be out of the UK for more than 6 of 12, reading her attached letter.

But do I need confirmation from the CNR?

Sigh...either way, even if she is correct, I can not help feel she is being over dramatic and heavy handed

franklee

OK well I'd ring up CNR and get a contact name if you don't have one already and arrange with them to send them the landlady's letter. Ask CNR for written confirmation that is enough to let you off rent collection duties. One way or another you need a letter letting you off from HMRC as you were told she was emigrating and they know that now.

franklee

PS: Does this mean you have her solicitors details now?

broclo

franklee wrote: »

OK well I'd ring up CNR and get a contact name if you don't have one already and arrange with them to send them the landlady's letter. Ask CNR for written confirmation that is enough to let you off rent collection duties. One way or another you need a letter letting you off from HMRC as you were told she was emigrating and they know that now.

Right...think I have got you...in essence then I need to:

Sent LL a short, consise reply, simmilar to the one I was going to send her brother...so she understands i'm comply with CNR advice(and so I can't get grief from her solicitors and am protecting myself if she was to ever bring up rent arrears/failiure to pass on LHA with Council for example)

Tomorrow pay rent minus 20%(plus deduction from previous amount paid)
Then send a 'statement' of it to her

Call CNR and get some form of reference to forward a copy of LL's letter once it arrives by post.

Ask CNR to write to me confirming LL is not a NRL and I'm to pay rent in full to her

Hold on to 20% until CNR...not LL or anyone acting on her behalf tells me too



Or shall I just ignore all emails, including last 3 she sent and carry on as I was before, after all, she can not prove I read them lol

broclo

franklee wrote: »

PS: Does this mean you have her solicitors details now?

No...she has not yet given the details, nor has her brother, although emsails offer them and I ask...yet they do not give lol

However last few emails she has sent(how come she can and yet when I do she states i'm harassing her? lol) have had 2 other emails. One appears to be a law company

broclo

Had a google...one is to a named person at a company for certain.

Other appears to be a private address as it is at yahoo.co.uk

franklee

broclo wrote: »

Right...think I have got you...in essence then I need to:

Sent LL a short, consise reply, simmilar to the one I was going to send her brother...so she understands i'm comply with CNR advice(and so I can't get grief from her solicitors and am protecting myself if she was to ever bring up rent arrears/failiure to pass on LHA with Council for example)

Tomorrow pay rent minus 20%(plus deduction from previous amount paid)
Then send a 'statement' of it to her

Call CNR and get some form of reference to forward a copy of LL's letter once it arrives by post.

Ask CNR to write to me confirming LL is not a NRL and I'm to pay rent in full to her

Hold on to 20% until CNR...not LL or anyone acting on her behalf tells me too

Yep, I'd do that. I'd phone CNR first to get the plan agreed with them. Maybe ask them if the email from her would be enough for them to speed things up save waiting for the hardcopy.

Or shall I just ignore all emails, including last 3 she sent and carry on as I was before, after all, she can not prove I read them lol

No, but you are kidding That last email from her may be the start of sorting it all out.

What pants leglislation making a tenant liable for things so far out of their control.