How to find my landlord?

G_M

You have received good advice from the previous posters, however there is one other important consideration:

If you have a non resident landlord (ie living overseas), and he has no UK agent receiving the rent (I'm guessing you pay directly into his bank account?) then YOU are liable to pay HMRC his income tax from the rent on his behalf!

Crazy but true!

Read here for more info on the HMRC website here. Start deducting tax NOW (it will also probobly bring him out from the woodwork!)

Don't ignore this - YOU could get a bill for all his back-tax!

<sebb>

G_M wrote: »

If you have a non resident landlord (ie living overseas), and he has no UK agent receiving the rent (I'm guessing you pay directly into his bank account?) then YOU are liable to pay HMRC his income tax from the rent on his behalf!

Thanks, this is actually one of the reasons I need to contact him. I've done alot of research on this and I could potentially be liable for over £7,000 in tax and unknown amounts in fines! I've already been to a solicitor on this (free half hour so not detailed) and they have confirmed this may well be the case - they think I'll probably not owe the tax if the LL has paid this properly through returns but they don't know if I'll be able to avoid the fines. It was part of the reason I wanted to stay, as there was a chance I could reclaim this from future rent.

G_M

I'd be surprised if he has paid rent.

Either get out fast and vanish, or stop paying rent, place it in a savings account, and wait for LL to contact you, which he will!

<sebb>

G_M wrote: »

I'd be surprised if he has paid rent.

Either get out fast and vanish, or stop paying rent, place it in a savings account, and wait for LL to contact you, which he will!

Yes, that is the conclusion I am slowly coming to, but the last thing I want is court action, tax implications and impact on my credit rating. I want to do things by the book, but feel as though I have a LL that has completely screwed me over.

I did find something online about the NRLS scheme where a tenant got a tax bill and fine for the same thing but it was in Ireland. It was later appealed and the conclusion by the court was that it was such an obscure bit of tax regulation that the tenant could not have been expected to know about it and the tenant did not have to pay. It was for a much smaller amount though, just a few hundred pounds.

I know that ignorance is no excuse but I did ask around 15 people I know who are renting and 4 landlords and not one of them had heard of it! I only even found out about it myself from one comment in a post on this very forum!

franklee

<sebb> wrote: »

I did find something online about the NRLS scheme where a tenant got a tax bill and fine for the same thing but it was in Ireland. It was later appealed and the conclusion by the court was that it was such an obscure bit of tax regulation that the tenant could not have been expected to know about it and the tenant did not have to pay. It was for a much smaller amount though, just a few hundred pounds.

I know that ignorance is no excuse but I did ask around 15 people I know who are renting and 4 landlords and not one of them had heard of it! I only even found out about it myself from one comment in a post on this very forum!

There was a tenant posting here who had a chat with HMRC over this which gives a little glimpse of their views on enforcing:

http://forums.moneysavingexpert.com/showpost.html?p=22754693&postcount=119

I think it's an unfair rule to apply to tenants but then again who said tax has to be fair and I can see why they do it as they don't want to have to chase non resident landlords themselves.

Anyway thanks for your updates on this, it's been interesting to read what that solicitor told you.

N79

<sebb> wrote: »

He lives abroad but gave me a UK address to serve notices (I believe it was a family member's address) as is required by law.

From previous letters to that address I know that it will get sent back so I'll have no proof that he received it. I'm hoping that a court would accept that I had made every attempt to serve to notice and side with me if it gets that far. Seriously considering not paying the last months rent as I think the deposit will be difficult to get back, but it's something I'll have to consider very carefully!

I suspect that the family member has moved and he's forgotten that it was the address he'd given me. As I've not had to contact him for such a long time and my rent is always paid on time (early in fact!) he's just forgotten to keep me updated about his new contact details. He's not exactly the most professional landlord I've ever had!

I don't think anyone has answered this point so here goes.

Provided you send your notice first class, to the address that you have been given, then the courts will assume it was delivered. Don't use recorded delivery as obviously it will be returned. Don't use second class as this does not create the assumption of service.

<sebb>

I found my LL on facebook! Can't believe I never thought of that before! Anyway, he says he doesn't "live" abroad, only spends 4 months out there in the summer (his facebook page tells a different story). Not sure what to do about this point, but a big part of me says not to open up a can of worms. He says he will put this in a formal letter if I need it.

He's sorry about the gas safety (newbie LL - didn't realise, and would be grateful if I didn't "cause any trouble" about it) and says it would be really helpful if I could get one ASAP and deduct from the rent.

He's given me a new UK address - says he moved and just forgot to say.

And for my troubles I'm getting to deduct an amount for this months rent, plus he's accepted as a long standing and trouble free tenant he's going to discount my rent from now on! Which is really only fair as I was paying a little above the market rate as we really needed somewhere to live at the time, this place was perfect and had other interest. Since then rents haven't gone up - perhaps down a little so he knows he wouldn't get more from someone else.

Plus he has the details of the owner upstairs and is going to speak to him about the trouble I'm having with the new tenants upstairs!

martindow

I imagine from this reaction that he has not been paying tax and is terrified that you are about to involve officialdom and drop him in it.

tbs624

<sebb> wrote: »

He's sorry about the gas safety (newbie LL - didn't realise, and would be grateful if I didn't "cause any trouble" about it) and says it would be really helpful if I could get one ASAP and deduct from the rent.

Idiot LL. I *bet* he'd be grateful - failing to comply with gas safety regs leaves him open to criminal charges and a fine of several thousand pounds and/or a prison sentence.Separate charges for failing to get an annual check done by a Gas Safe Registered HE, failing to provide T with a copy of the gas safety cert, failing to keep LL copies of cert for two years.....ignorance of the LL is no excuse/defence.

LLs cannot delegate the gas safety responsibilities to their Ts. Google HSE and landlords

Have you asked whether he owns the property outright or has his mortgagor's consent to let the property or a BTL mortgage?

<sebb> wrote: »

He's given me a new UK address - says he moved and just forgot to say.

Idiot, count 2. As others have posted, see LL&T Act 1987, s48. No address for LL, no rent collectable until address provided.

<sebb> wrote: »

And for my troubles I'm getting to deduct an amount for this months rent, plus he's accepted as a long standing and trouble free tenant he's going to discount my rent from now on! Which is really only fair as I was paying a little above the market rate as we really needed somewhere to live at the time, this place was perfect and had other interest. Since then rents haven't gone up - perhaps down a little so he knows he wouldn't get more from someone else.

Sounds like he is hoping to buy your silence. Declaring to HMRC? LL insurances in place?

poppysarah

HMRC will investigate facebook pages I'm sure for people avoiding tax.

You need to print out copies of when he's sent you messages to confirm his address etc