Our landlord doesn't have a buy to let mortgage

ankspon

Isn't it funny that you find fault when you want out.

N79

I assume your Q is related to the fact you want to break your tenancy? It would help to have just 1 thread for clarity.

Are you sure you have no address? What is on the tenancy agreement?

Barny1979

davidhwdn wrote: »

Isn't it funny that you find fault when you want out.

Yeah, happy to sign a contract when it suited them. Then again, it's not ideal having a landlord that is based overseas

bobbarley

Contracts are just one of those things, along with death and taxes. We didn't really have a choice when we agreed to rent the properly. We didn't envisage when we moved in last July that we would be ready to buy our own house so soon.

At the time we were not aware that there needed to ba a break clause in the contract, we asumed that you could always just give notice to leave, we've never had any issues in past properties. As the contract stated 2 months notice we were under the impression that would apply at any point.

If it turns out the contract is water tight then so be it, we'll just have to suffer for the rest of the year. But if there is a way around if then of course we would want to move out, as our own needs are obviously going to take priority for us over the landlords.

mlz1413

bobbarley wrote: »

Contracts are just one of those things, along with death and taxes. I disagree with you on this, a contract is something you enter into knowingly - it is not 'one of those things'
We didn't really have a choice when we agreed to rent the properly. yes well, you still signed a contract and I'm sure you would feel differently about it if the LL came back from travelling early and wanted you out.
We didn't envisage when we moved in last July that we would be ready to buy our own house so soon. So did you sign for 6 months or for 12? Even on the 12 it will probably only just be the end of term by the time you have somewhere and had all the survery and solicitor stuff done.

At the time we were not aware that there needed to ba a break clause in the contract, we asumed that you could always just give notice to leave, we've never had any issues in past properties. As the contract stated 2 months notice we were under the impression that would apply at any point. You could always contact your LL and see if 2 months would be ok with them.

If it turns out the contract is water tight then so be it, we'll just have to suffer for the rest of the year. But if there is a way around if then of course we would want to move out, as our own needs are obviously going to take priority for us over the landlords.

I'm assuming as you know your are in a contract you haven't found and fallen in love with somewhere and need out ASAP.

With the above in mind you could contact your LL and ask that if you find replacement tenants would they release you from contract early.

bobbarley

The contract is actually for 18 months, as the landlord wanted it to end at the same time as he's re-mortgaging. We only agreed because we thought we would be able to give notice to leave. We didn't know that there needed to be a break clause. It's never been a problem with the other 11 properties we've rented in the past, so didn't know to check.

theartfullodger

Each month we pay money directly into their bank account to cover rent.

See HMRC website ...
http://www.hmrc.gov.uk/CNR/nr_landlords.htm#6
You should be withholding 22% of rent for tax...

Section 42A(3) 6.2 Tenants have the right to deduct any tax they have to pay under
ICTA 1988 the Scheme from their rent, or from any other money owing to the non-resident landlord. They also have the right to recover from the landlord any tax they have to pay under the scheme where they did not deduct it from their rent or other money owing.

You state you have no Engerland&Wales address for Landlord: The rent is thus not due ... (Landlord & Tenant Act, 1987, Section 48)
- see
http://www.landlordzone.co.uk/landlord%27s_address.htm

In your shoes I would email the little tax-dodging rat*** & advise him of this info, point to this thread anyway (he may be reading it already..) and tell him you plan to withhold rent until you have the evidence that HMRC are happy & you have an address in Engerland or Wales. I would open another bank account & pay rent in there so there is no doubt you have the rent ready to pay and separately accounted for, and tell LL that also.

As he hasn't told his lender he is renting what else...
(
Gas Safety cert??
Safe electrics?
Landlord's Insurance ?? (If he only has "ordinary" householders insurance & the place burns down & you is 'orribly burnt, insurers will not pay out...

) is he not doing right I wonder???

Cheers!

Lodger (Landlord since 2000)

*** If your Landlord turns out to have kept HMRC informed & to already be paying tax on his rental earnings I shall of course unreservedly withdraw my "tax-dodging" slur...

sharpee

You don't need to have a Buy-to Let Mortgage to rent a property out. As long as you LL has informed their Mortgage Company and gained their 'Consent to Let' all is ok.

This is what I have done when I had to move away due to work.

However I'm sure there is something somewhere stating that there needs to be a UK address to contact the LL (whether is a representative, LL or family friend etc). I could be wrong am sure someone will correct me

bobbarley

theartfullodger wrote: »

See HMRC website ...
http://www.hmrc.gov.uk/CNR/nr_landlords.htm#6
You should be withholding 22% of rent for tax...

Thanks for the link, very interesting reading. The landlord never informed us that this needed to be done, so we've never reducted any tax. The landlord is still classed as a UK resident and the cash is being transferred into a UK account he has, so I suppose it won't apply?

theartfullodger

The landlord is still classed as a UK resident and the cash is being transferred into a UK account he has, so I suppose it won't apply?

If in doubt, ask HMRC: In fact, 'phone HMRC anyway and ask a couple of innocent questions, mentioning the bloke's name, your address etc. etc. and ask for guidance... Should get the ball rolling...

Cheers!

Lodger