In a mess totally

Yorkie1

This may not be an avenue you want to go down, but I'm pretty sure that the rent isn't due unless and until you're supplied with an address in UK (but once you have it, all unpaid rent is due). [edited to add that I type slower than all the others!]

Also, do you know whether the LL has registered with HMRC as a non-resident LL? If he hasn't, then I think you're supposed to deduct tax before paying the balance in rent. http://www.hmrc.gov.uk/cnr/nr_landlords.htm

G_M

cupcake287 wrote: »

definately in England! -

what can i say to them as to why it is illegal?

See edit above.

Werdnal

Yorkie1 wrote: »

This may not be an avenue you want to go down, but I'm pretty sure that the rent isn't due unless and until you're supplied with an address in UK (but once you have it, all unpaid rent is due).

Also, do you know whether the LL has registered with HMRC as a non-resident LL? If he hasn't, then I think you're supposed to deduct tax before paying the balance in rent. http://www.hmrc.gov.uk/cnr/nr_landlords.htm

Good point Yorkie - forgot that bit!

Cupcake - you need to quote the sections in GM's post from the Landlord and Tenant act. This is law - not something your LL should choose to ignore. The HMRC bit mentioned in Yorkie's post is also relevant. In cases of LL being overseas, they need to register someone in UK to pay their tax deductions from rental income for them. For some strange reason this can even fall to the tenant to pay for the LL in their absence.

Just out of interest, do you know who you pay the rent to? Does it go direct into LL's account, or is there someone else involved? LL's relative etc?

cupcake287

Werdnal wrote: »

In that case, legally you shouldn't even be paying rent, as under the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served.

That is not to say you shouldn't keep the rent aside and pay the LL at a later date.

Sounds like your LL doesn't really understand their obligations. However, if someone has been in your property and LL is overseas - who has been in?

They live overseas - but are currently in the country for a couple of weeks i believe.

cupcake287

So...

am i right in thinking that our contract is currently null and void? What does this mean in terms of giving notice? - can i make it work to my advantage in anyway?

2. if i stay till the end of the year - can i not give notice and just leave on the last day? shelter website makes me think i can?

Yorkie1

No, your contract is not null and void. It's just that the duty to pay rent / power to enforce rent payment is suspended unless and until you get the address in Eng/Wales. Neither is your LL acting 'illegally' - this term refers to criminal activity, which is not what is going on with your LL.

You can leave at the end of the fixed term contract without giving any notice, although it is considered good form to do so. Make sure you do not stay 1 day over, or you'll be in a periodic tenancy and have to give a month's notice which expires at the end of the rent period - this could amount to nearly 2 months' notice in practice.

cupcake287

Okay - but is there any point in persuing this? they will be able to provide an address so with holding rent will just produce more ill feeling

cupcake287

Am i right in thinking that if the deposit isn't protected then there is an issues with the AST we have signed, - i'm sure i saw it n the shelter website.

Yorkie1

cupcake287 wrote: »

We rent privately so no agent to go through, have a rental agreement signed, but our deposit is not in any scheme (not sure if this has any bearing on anything)

I think today they've been in my house but can't really prove it. - Where do i stand legally on this?

I had decided to move when my next rental year was up - next spring, but last month decided i want to bring this forward - feeling uneasy in my own home makes me want to move even more so.

I haven't got my contract to hand, but can I still give a months notice even though i signed for another year?

My deposit isn't in any of the schemes, but i did initially agree to that being okay as i was homeless and just needed somewhere to live...do i have any come back on this if my deposit isn't given back to me?

Just wanted to requote your original post to remind us of where we started.

The AST is completely valid irrespective of the deposit protection. That is not a way out of your situation.

The relevance of the deposit protection is a) the LL cannot issue you with a valid s.21 notice of intention to evict (so if you wanted to stay beyond the end of the fixed term, they couldn't get you out without protecting it); and b) it is potentially easier for you to get it back from a deposit scheme rather than trying to sue an overseas LL in the courts.

You did not answer the question about how you pay the rent - whether to someone else in the UK or to them directly.

I don't like confrontation so personally wouldn't initially go down the witholding rent route. But I would write to them 1) asking for the deposit to be protected, 2) for an address in E/W as per G_M's post, and 3) also (if you pay them direct) for evidence / confirmation that they are registered as non-resident LL's for tax purposes.

The last point is important because if they are not, and you are paying them direct, you will be the person that HMRC come after for the tax at (I think) 20%.

thegirlintheattic

Not protecting a deposit is illegal.

cupcake - whilst your LL is obviously dodgy weigh up your options before deciding to without rent until you get a UK address. Whilst your well within your rights to do this, with only a few months until you can get out, you may be causing more problems for yourself. If your LL is dodgy he can, illegally, make things very difficult for you, which will take you time and money to pursue. For example, not give you your deposit back, fail to carry out repairs etc.

I personally would go with the get out ASAP and treat it as a learning experience.