Possession hearing on our rented property-help please!

CG77

Hi all,

I'm hoping you knowledgeable lot can offer some advice please!

I'm currently renting a house (have been here for over 4 years) and the landlord who has several properties is clearly struggling financially. We now have a letter telling us of a possession hearing on 6th December. This has happened before actually, but we have at this stage contacted the landlord and he has managed to brin it back from the brink as it were and we have ha letters to say the hearing is cancelled.

This time, however, I'm wondering if it might be more serious. I have tried several times to contact the landlord in the only number I have for him (a mobile overseas) and he has not replied. I have no uk contact details for him. We are obviously very concerned and are looking at other properties to rent. Can anyone tell me where I stand I the hearing goes ahead and in the past I've been advised to withhold rent until I have contact details for the landlord. I have actually told him in my last message that unless I hear from him I will withhold the rent this month as 1) I have no contact details for him and 2) I feel the position with the house is at best precarious as from 6th dec. Am I within my rights to do this?

Thank you so much in advance for any advice you can offer on this!

CG.

seven-day-weekend

I understand from reading these boards that it is unwise to withhold rent under any circumstances as then YOU are in breach of contract.

As I have no experience of private renting I am unable to comment further, but I'm sure people will son be along who can.

MissMoneypenny

Advice from Shelter is here.
http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender

Are you in a fixed term contract? Or are you now on a periodic contract: where you give 1 months notice and the landlord gives 2 months notice (from the contract date)?

Are you paying the rent directly into your (overseas) landlord's bank account each month? Or to an agent?

MissMoneypenny

seven-day-weekend wrote: »

I understand from reading these boards that it is unwise to withhold rent under any circumstances as then YOU are in breach of contract.

An overseas landlord has to give their tenant an address in the UK for notices to be given. Without this, the rent can be withheld until it is given, but the rent is still owed to the landlord.

silvercar

Have a read of this:

https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

You need to go to court with your tenancy documentation and ask for the 2 months notice you are entitled to. If the landlord did have a BTL mortgage or CTL then you would get the fixed term of your contract, but other wise you will get 2 months due to the above act.

Foxy-Stoat_3

Have you received a Section 21 or Section 8 notice yet?

rpc

MissMoneypenny wrote: »

An overseas landlord has to give their tenant an address in the UK for notices to be given. Without this, the rent can be withheld until it is given, but the rent is still owed to the landlord.

And if the landlord is overseas with no UK agent, the tenant could find themselves landed with the bill for his income tax!

monty-doggy

I was in a similar situation in my last rented house. The letter from the court would state if you needed to withhold rent, in my case the lender wrote to me. If you know who the lender is try contacting them.
Also when my house was repossessed, the lender continued to let it to me for two years. So don't assume you will be evicted at this stage.

PasturesNew

CG77 wrote: »

... the only number I have for him (a mobile overseas) and he has not replied. I have no uk contact details for him. .... I have actually told him in my last message that unless I hear from him I will withhold the rent this month as 1) I have no contact details for him

Legal. No UK contact address = no rent.

xoAmyox

Just to clarify - if your landlord lives overseas and has not provided you with an address in either England or Wales 'for the service of notices' then no rent is legally due.

Once this is provided, all rent then becomes immediately due.

A UK agents address can fulfill this obligation. Usually tenants are provided this address on their tenancy agreement - what does yours say?

What would you like to happen in this situation - would you like to remain living in the property, for as long as possible? for as long as it takes to get a deposit for somewhere else? or would you like to leave asap?

When did you move in? Has your deposit (if there is one) been protected and have you been provided with the scheme details and the prescribed information?

When was your last tenancy agreement issued, and how long was it for?

MissMoneypenny

rpc wrote: »

And if the landlord is overseas with no UK agent, the tenant could find themselves landed with the bill for his income tax!

True.

http://www.hmrc.gov.uk/international/nr-landlords.htm

The Non-Resident Landlords (NRL) Scheme is a scheme for taxing the UK rental income of non-resident landlords.

The scheme requires UK letting agents to deduct basic rate tax from any rent they collect for non-resident landlords. If non-resident landlords don't have UK letting agents acting for them, and the rent is more than £100 a week, their tenants must deduct the tax. When working out the amount to tax the letting agent/tenant can take off deductible expenses.

Letting agents and/or tenants don't have to deduct tax if HM Revenue & Customs (HMRC) tells them not to HMRC will tell an agent/tenant not to deduct tax if non-resident landlords have successfully applied for approval to receive rents with no tax deducted.