Need help on electoral register question

divepro

G_M wrote: »

You're LL is probobly 'short cutting' various procedures/responsibilities. Paying income tax on the rent? Getting permission to let from his mortgage company? Proper rental property insurance? Paying appropriate council tax? and as pointed out potential HMO certificate?

However, none of this is really your problem. It is between him and the council/HMRC/Bank etc.

All that concerns you is your relationship with the LL.
You have a written contract?
If you've paid a deposit is it registered ? (assuming you're not in Scotland)
Is there a paper trail for your rent payments (ie receipts, cheque numbers, bank transfer records)?
If the property has gas, do you have a safety certificate?
Do you get repairs done when needed?

If the above are all Yes, then the LL's other 'dodgy' business is not really your concern (you could shop him to the tax man I guess in the interests of all us law-abiding tax payers, but there again maybe he IS paying HMRC). Just be honest yourself when dealing with the council etc.

We do have a written contract but The deposit is DEFINETELY not in a scheme.
I have a complete record of all rent payments(bank transfers etc.)
Not sure about the gas cert- but doubt we have one.
Yes, The landlord is good at repairing things quickly. So no problem there really.

So mixed feelings on this one really. He did ask me this afternoon in a previous call to say that we had only moved to this address now. Can`t do that as I have already told the council lady I have been here for some years. Otherwise I will be lying about it now.

Best advice?

G_M

divepro wrote: »

We do have a written contract but The deposit is DEFINETELY not in a scheme.
I have a complete record of all rent payments(bank transfers etc.)
Not sure about the gas cert- but doubt we have one.
Yes, The landlord is good at repairing things quickly. So no problem there really.

So mixed feelings on this one really. He did ask me this afternoon in a previous call to say that we had only moved to this address now. Can`t do that as I have already told the council lady I have been here for some years. Otherwise I will be lying about it now.

Best advice?

Best advice?
1) be honest with electoral officer, and others, about how long you've been there. DO NOT get sucked into lying to cover for the landlord. If he IS breaking any laws, you lying to cover for him makes you an accessory.
2) Demand your deposit is protected.
3) Ask for a copy of the gas safety certificate, if there is one. If there isn't, insist the LL gets the gas appliances inspected (it's a criminal offnce for him not to do so)

ps - when asking about certificate and deposit, do it IN WRITING.

satchmeister

divepro wrote: »

We do have a written contract but The deposit is DEFINETELY not in a scheme.
I have a complete record of all rent payments(bank transfers etc.)
Not sure about the gas cert- but doubt we have one.
Yes, The landlord is good at repairing things quickly. So no problem there really.

So mixed feelings on this one really. He did ask me this afternoon in a previous call to say that we had only moved to this address now. Can`t do that as I have already told the council lady I have been here for some years. Otherwise I will be lying about it now.

Best advice?

Sounds like the LL has a HMO which does not conform to the regulations. No gas certificate? = dangerous. LL probably says it is empty to only pay part council tax (IIRC if a property is being refurbished and is unoccupied you don't pay all the council tax). Rent not declared to HMRC. Your deposit is not registered so that HMRC can't trace the LL. You will not get your deposit back and he expects you to lie on his behalf. My 2 cents worth

divepro

Thanks to all for your answers. Its been most enlightening. Will follow the honest route and see what happens.:A

DVardysShadow

divepro wrote: »

He specifically told us to leave all mail to `the occupier` for him, as he picks it up once a week.

Well, if he picked up the electoral registration form and didn't fill it in, that is another offence under electoral law. It is quite a serious matter to deny someone their vote, as the stroppy woman in electroal services should know full well.

theartfullodger

HHmmmnnnn Landlord, not occupier, steals mail from occupiers...

I'd say that's an offence under...Postal Services Act 2000..
http://www.legislation.gov.uk/ukpga/2000/26/contents
specifically section 84....

84 Interfering with the mail: general. E+W+S+N.I.

(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

As he has deprived you of your vote clearly there has been some detriment and there was no reasonable excuse... should the Police be involved??


In your shoes as an occupier I'd open my own mail..

Mind you, LL might well issue you with an S21 notice...

£5 says he's not HMO licensed and on the fiddle for other things to...

***ts like him give decent landlords a bad name....


Cheers!


Artful (LL since 2000)

DVardysShadow

theartfullodger wrote: »

HHmmmnnnn Landlord, not occupier, steals mail from occupiers...

I'd say that's an offence under...Postal Services Act 2000..
http://www.legislation.gov.uk/ukpga/2000/26/contents
specifically section 84....


In your shoes as an occupier I'd open my own mail..

Mind you, LL might well issue you with an S21 notice...

Artful, you get the medal, I am sure, for being the first person on MSE to spot a situation where it is illegal to open mail.

clutton_2

i have had involvements with elections for over 20 years.... it is a criminal offence on your part to not register on the Electoral Roll. You must go to the council and explain that you have never seen an electoral registration form and that you now wish to register - i think this can be done on line if you prefer. i doubt very much if there will be any come-back on you. Just tell the truth. Take your tenancy agreements with you to prove that you have been living there. However you MAY be liable for the council tax during the time that you have lived there since you live in a separate self-contained flat.

What HE is doing with regard to avoiding HMO legislation is nothing to do with you and is up to him to discuss with the council.

theartfullodger

DVardysShadow wrote: »

Artful, you get the medal, I am sure, for being the first person on MSE to spot a situation where it is illegal to open mail.

DVS: Thanks! An me a pensioner an' all....

divepro

clutton wrote: »

i have had involvements with elections for over 20 years.... it is a criminal offence on your part to not register on the Electoral Roll. You must go to the council and explain that you have never seen an electoral registration form and that you now wish to register - i think this can be done on line if you prefer. i doubt very much if there will be any come-back on you. Just tell the truth. Take your tenancy agreements with you to prove that you have been living there. However you MAY be liable for the council tax during the time that you have lived there since you live in a separate self-contained flat.

What HE is doing with regard to avoiding HMO legislation is nothing to do with you and is up to him to discuss with the council.

How can I be liable for council tax if the landlord has been correctly paying council tax for the residence? It is a self contained apartment in the same house as everyone- not a seperate flat.

Please explain.