Our landlord doesn't have a buy to let mortgage

bobbarley

Firstly, I want to thank everyone for the useful information you've all posted, really handy. I appreciate all your comments, even the negative ones, as I agree with you all.

I can see the situation from a landlords point of view, and I wouldnt not want to act unlawfully toward my own landlord. As many you've stated, if the tables were turned I'm sure I would think differently.

I will give my contract a seriously good going over when I'm at home later tonight, and post what I find.

Running_Horse

theartfullodger wrote: »

You should be withholding 22% of rent for tax...

Surely any tax is a matter for the landlord, not the tenant?

For all we know the correct tax is being paid.

chappers

Running_Horse wrote: »

Surely any tax is a matter for the landlord, not the tenant?

For all we know the correct tax is being paid.

Not if he is classed as non uk resident, then the tennant should be deducting tax at the basic rate (20%) and sending it to HMRC quarterly.

Whetehr the Ll is classed as non-uk resident depends upon how long he is out of the country for.

He must provide a uk address for you to serve notices to.

The GSC is a serious legal requirement I would e-mail him saying you are going to get the test carried out and deduct the cost from the rent.

Your tenancy aggreement is binding between the two of you, but as has been pointed out if he doesn't have consent to let , it may not be recognised by his lender should they reposses and you would have to sue him for any losses you incured.

chewmylegoff

when you say the landlord is still classed as a UK resident - what are you basing that on? have you checked he meets the HMRC definition? has he confirmed in writing to you that he is being treated as a UK resident for tax purposes.

Running_Horse

theartfullodger wrote: »

Stone me, the country needs the tax income! We're in serious trouble & don't need tax-cheats!!

Do you have one shred of evidence the landlord is a tax cheat?

Apart from a disgruntled tenant wanting to breach his contract?

It is not the tenants responsibility to pay his landlords tax bill.

housebuyer_abc

chappers wrote: »

Not if he is classed as non uk resident, then the tennant should be deducting tax at the basic rate (20%) and sending it to HMRC quarterly.

Whetehr the Ll is classed as non-uk resident depends upon how long he is out of the country for.

He must provide a uk address for you to serve notices to.

The GSC is a serious legal requirement I would e-mail him saying you are going to get the test carried out and deduct the cost from the rent.

Your tenancy aggreement is binding between the two of you, but as has been pointed out if he doesn't have consent to let , it may not be recognised by his lender should they reposses and you would have to sue him for any losses you incured.

Not quite true, the landlord can apply to HMRC to be classed as a non-resident landlord and have rental paid to them at gross value.

They then need to complete a Self Assessment each year to repay the tax they owe. Only if they break this requirement does the tenant have to withhold the tax.

This is what HMRC advised a friend to do when they left and the letting agency also suggested this too.

jamie304

bobbarley wrote: »

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.

An assured shorthold tenancy can't have an initial term of more than 12 months. If yours is 18 months then that part of the contract is not valid and you'd be well within your rights to serve notice to quit with one months notice IMO.

ET1976

jamie304 wrote: »

An assured shorthold tenancy can't have an initial term of more than 12 months.

Can you point me at the bit of legislation which stipulates this?

N79

jamie304 wrote: »

An assured shorthold tenancy can't have an initial term of more than 12 months. If yours is 18 months then that part of the contract is not valid and you'd be well within your rights to serve notice to quit with one months notice IMO.

Rubbish. Any length is fine (greater than 3 years are more difficult).

theartfullodger

Running horse kindly commented

Do you have one shred of evidence the landlord is a tax cheat?

Apart from a disgruntled tenant wanting to breach his contract?

It is not the tenants responsibility to pay his landlords tax bill.

Well, a point you can make but there seems absolutely zero evidence that the Landlord has advised the tenant of tenant's responsibilities to withhold funds for tax.. (see my earlier post #18......)

Yes, it can be considered in some circumstances

the tenants responsibility to pay his landlords tax

in some circumstances

Do you, Sir Running Horse, have any shred of evidence that Landlord is not tax-cheating??

Re. running 'orses I shall be at Kempton tomorrow and plan to back the Queen's running 'orse "Morcambe" in the last race .. (Timeform comments

Son of St Leger hero Bollin Eric out of winning 2m hurdler/chaser. Henderson stable has sent out 6 winners from 14 runners in similar events at this track in recent years, so obvious potential.
.
5-11-2
.
B. J. Geraghty,
.
N. J. Henderson

)
and if Betfair offerred odds on this particular Landlord being on the fiddle/not having done something right I'd feel confident in backing him as guilty for a few quid

Cheers!

Lodger