Sub-Standard Rental Flat - Landlord being difficult

theartfullodger

Morally you are in the right: However the LL may think you owe him money & come after you through the courts (even if he is in the wrong).

Landlord sounds like a right ****

Cheers!

Lodger (A Landlord btw)

Careful_with_that_Axe

Lots of very useful information there tbs, thank you.

I should clarify that when I said I made a quick decision to leave, I found somewhere else to move to within a week and the letter send to LL would have given them a full months notice had it reached them at anticipated date - I was paying rent on both old and new properties for a short period of time.

I appreciate that, to a certain extent, I have been an un-informed tenant but I didn't know about MSE then! I wasn't aware of any body such as the HHSRS, but I've learned a lot here now.

The parents address was on the TA, but I do have a letter from LL telling me not to contact anyone at that address and to use email for contact with them. I thought I was doing the right tihing by sending them the notice ending the TA to their overseas address but I think I was in the wrong about both that and not sending Recorded Delivery.

G_M

I thought I was doing the right tihing by sending them the notice ending the TA to their overseas address but I think I was in the wrong about both that and not sending Recorded Delivery.

The truth is you were wrong to send it by email, wrong to send it overseas, and right not to send it to the parents (as you have a letter from the landlord instructing you not to use this address).

So you had nowhere to send it.

That's the Landlord's fault, not yours.

Do NOT pay this irresponsible LL a penny more.

franklee

Careful_with_that_Axe wrote: »

My landlord lives in Australia

Careful_with_that_Axe wrote: »

I did ask about tax under the NRL Scheme and they have advised me that "Accountant in London takes care of that" and that they're not classed as non-resident despite living in Australia. I've seen no proof though.

Careful_with_that_Axe wrote: »

btw, all rent during my tenancy was paid on time by DD to landlord's bank account.

At face value looks like you should have been operating under the NRL Scheme as you didn't pay rent to a UK agent. Have you been given anything from HMRC to say the landlord can be paid gross, if not can you say why you have reason to believe the scheme doesn't apply, a letter from the landlord confirming the landlord is resident in the UK or something? I'd hate to rely on verbal evidence for that, so I hope you at least have a confirmation letter from the LL.

Careful_with_that_Axe

As I said earlier, I think I was an uninformed tenant as I didn't even know there was such a thing as a NRL Scheme until I saw "that" thread!
I have had nothing in writing since raising the question except in an email stating that the accountant in London takes care of everything and that LL is not classed as non-resident in UK.

I'm coming round to the idea that I should not pay any further monies that LL tries to claim from me, but suspect I can kiss deposit goodbye. I think I am happier just walking away after reminding LL of the legal responsibilities required of him and trying to make sure any other tenants are protected regarding gas safety. Hopefully the message will get through to LL that he cannot be cavalier in his attitude to responsibilties.

Do you think I should do something further to protect myself from any comeback under the NRL scheme?

tbs624

Careful_with_that_Axe wrote: »

I have had nothing in writing since raising the question except in an email stating that the accountant in London takes care of everything and that LL is not classed as non-resident in UK.
.....................................Do you think I should do something further to protect myself from any comeback under the NRL scheme?

Write to HMRC/CNR

"I was a tenant at xxxxx (address) from xxx until xx (dates) The LLof this property, xxxx(name), was/is currently abroad and his last known address was/is xxxxxxxxxxxxxxx I enclose a copy of an email exchange between myself and xxxxxx for your records. Please advise."

and enclose a copy of the emails between you and the LL. Keep a copy of your letter..

Careful_with_that_Axe wrote: »

....suspect I can kiss deposit goodbye.

Don't give up that easily

franklee

Careful_with_that_Axe wrote: »

The parents address was on the TA, but I do have a letter from LL telling me not to contact anyone at that address and to use email for contact with them. I thought I was doing the right tihing by sending them the notice ending the TA to their overseas address but I think I was in the wrong about both that and not sending Recorded Delivery.

Right well if you didn't have an address in the UK for the service of notices then you can hardly be blamed for failure to serve notice or for sending the notice to the wrong place. The whole point of having a proper notification for the address to use is so that the tenant can serve notices, be that notice the leave, notice for court, or any other notice the tenant needs to send.

clutton_2

i would walk away, report the landlord to the local private sector housing staff, to enable them to monitor this idiot.

with regard to the landlords overseas tax status and your legal responsibilities - leave well alone - dont contact the tax man - this will become a huge bag of worms for you if you do. let the tax man sort it out at a later date... not your problem. If this LL is as ignorant as he sounds, he will lie to the Tax man and you may end up with a huge tax bill to pay on his behalf.... leave well alone is my advice.... please dont do a "bro" and start digging into other peoples business,

Careful_with_that_Axe

clutton, my fear was that I could end up saddled with the bill if it turned out the NRL Scheme would be applied, so I am very reluctant to delve into this so do agree with you.

I think I'll walk away and, if necessary, prepare papers for a claim through the courts for my deposit.

Can't thank you all enough for your help and advice - I really wasn't clear in my mind what to do and you've helped me bring some clarity to the situation. Thank you.

Fire_Fox

I would recommend you put everything into writing again - the problems with the property, the actions you took (letters/ e-mails), the advice that you were not to contact his parents, and quoting bits of the law that ask for your deposit to be registered, gas safety certificates, an address in England or Wales etc. Then ask for your deposit back. Send this one recorded delivery to his overseas address and his parents address.