Periodic tenancy, one month notice to quit, legalities?

moosticks

RAS wrote: »

In which case this is not a valid rental agreement. The address for the serving of notice must be in England and Wales if the house is in England and Wales. Without this you do not have to pay rent.

I need to double check the agreement. Could it be they are using their solicitor's address?

Do they use an estate agent? If not they MUST have given you as certificate from HMRC confirming that they are paying tax on their income.

Otherwise, YOU are liable for deducting 25% of the rent and paying the HMRC. If you do not do this, you may have to pay the tax debt to the HMRC personally.

Do not pay any more rent until you have this certificate

There is no agent, no certificate. Just a tenancy agreement which they had drawn up through a solicitor. I had no idea about any of the things you are saying... I am assuming they aren't paying tax on it. This same couple racked up thousands and thousands of pounds of debt on store cards, credit cards and loans before leaving the country, and their debts, behind.

If we leave next month there is only one more month of payable rent left. Which isn't even half of what the tax would be. Is there something in place that would protect us against having to pay that, as we were completely unaware of any of this?

Thanks for all this info.

RAS

And you hope to get the £14K back that you loaned them?

What paperwork do you have supporting the fact that they owe this money? Paperwork, not e-mails.

moosticks

Yeah, we don't. My husband was more than mentally unsound at the time.

Sigh.

BitterAndTwisted

moosticks wrote: »

I need to double check the agreement. Could it be they are using their solicitor's address?


There is no agent, no certificate. Just a tenancy agreement which they had drawn up through a solicitor.

Is it the same solicitor who has issued the S21 Notice on their behalf?

This same couple racked up thousands and thousands of pounds of debt on store cards, credit cards and loans before leaving the country, and their debts, behind.

You know that you're never going to see your fourteen grand back, don't you?

moosticks

It is the same solicitor, yes.

RE: 14k, was hoping their Mum would make the difference between them ripping off massive companies and ripping of their own family.

It_can_get_better

The Protection from eviction act 1977 Part 2, 5.1A, B states that a minimum of 4 weeks notice.

http://www.legislation.gov.uk/ukpga/1977/43/part/II

The Housing act 1988 Section 5 3e states that any mention of a longer notice period is not valid if the tenancy has become statutory periodic.

http://www.legislation.gov.uk/ukpga/1988/50/section/5

G_M

Some legal sources:

1) unless the LL has given you an address in England "for the serving of Norices" (this is usually on the tenancy agreement) you do not have to pay rent. Landlord and Tenant Act 1987 section 48

2) If the LL is overseas, the tenant may be made to pay tax to HMRC

3) for signing new fixed term contract, or giving notice, or other options, read this post

moosticks

Thanks for the link...the HMRC one doesn't work, though? I'd be quite interested to read that one given what's come to light. Thanks.

G_M

moosticks wrote: »

Thanks for the link...the HMRC one doesn't work, though? I'd be quite interested to read that one given what's come to light. Thanks.

Sorry - I've corrected it. Should work now!

In particular, read the section:

Which tenants have to operate the NRL Scheme?

moosticks

Thanks. I'm still a bit confused, to be honest.

This is the first my husband and I have heard of this. I don't know if that's stupid, or what, but that is the situation we find ourselves in.

How could/should we have found this out without me posting this thread? Is there some glaring flaw in the situation that we've completely overlooked? You know, aside from the fact my inlaws are complete and utter ____ (fill in the blank).

What happens now? Continue jumping through their hoops because ultimately they've got us completely by the balls?

Thinking I should start a new thread entitled "untracable ways to screw over shady landlords".

Thanks for everyone's input.