Landlord wants to evict me and move back in!

Arleen

This is just disgusting on the side of landlord. Imagine running into that bully without having support from outside and gusto to challenge it.

Besides all the great advice above, I will second the change of all locks. I don't think he will stray from letting himself into the place for whatever reasons. And absolutely call HMRC first thing tomorrow, make sure you are in the clear tax wise.

D_M_E

I've only had a quick look through this thread so might have missed it, but

If the landlord is coming back to the UK from the Middle East so that a family member can have a baby on the NHS then they are going to have to pay.

The rules on access to the NHS were changed a few years ago and I think that now anyone returning to the UK after living abroad is no longer entitled to NHS treatment until a period of, I think, at least 6 months has passed since their return.

Could be another arrow to fire off and keep the LL away a bit longer.

Also, as has been pointed out, you should deduct the tax from the rent and put it in a separate account ready to send to the taxman - the taxman can and will chase you for any unpaid tax whether or not the LL eventually pays.

I had this but managed to get HMRC registered and got a rebate as a result.

Cakeguts

I can't see what having a baby makes to their living plans. They all live together anyway so why would a baby make any difference.

The landlord really annoys me. He doesn't seem to get that this house is not his at the moment so he doesn't have a house to move back into. At the moment the living space between the walls belongs to the tenant and will continue to do so until the end of the fixed term. The landlord has sold by the tenancy agreement the living space in his house to the tenant for the payment of rent every month. He can't just decide that he wants the living space back. If he wants it back he will need to buy it back but he will only be able to do that if the tenants wants to let him buy it by paying the costs of moving and other compensation.

itchyfeet123

If you reply again, do mention that you have taken legal advice. At the worst, it will speed up the LL getting their own legal advice and thus learning they're in the wrong.

MissMoneypenny

D_M_E wrote: »

If the landlord is coming back to the UK from the Middle East so that a family member can have a baby on the NHS then they are going to have to pay.

The rules on access to the NHS were changed a few years ago and I think that now anyone returning to the UK after living abroad is no longer entitled to NHS treatment until a period of, I think, at least 6 months has passed since their return.

The rules were changed under the Immigration Act 2014 and the NHS part of that law began on 6 April 2015. Basically the new law ended the 'free NHS for everyone who is legally living in the UK' as the then PM said the UK will no longer be as generous with their NHS as it was being used as a world health service.

There is no wait for free NHS for British citizens BUT they must now prove that they reside in the UK if they want to use the NHS without being billed.

The Act also brought in changes so that the NHS trust is fined if they don't check that person status and bill if they are not allowed to use the NHS for free. They can add 50% to the bill if there is no insurance and they do, as posts on forums have shown. The NHS trust keeps that 50% too.

The daughter in law will need proof she is residing in the UK and not just visiting for a free birth.

[Deleted User]

You can take the last email as a sign that the LL knows he hasn't a legal leg to stand on, in spite of what was said in the first emails.

So he is resorting to emotional blackmail, which is all he has left.

You could tell him that because of the research you have had to do following his emails you have now discovered there is some question whether you have a legal obligation to pay tax on the rent paid to him (enclose links) as he is not resident in the UK.

This will make his hole justifiably large.

Remember, whatever he says to emotionally blackmail, this is all about money. Just as he is suggesting you can, nothing to stop him renting privately when he comes back to the UK - but that will obviously cost him. There is certainly good but expensive Health Care in the UAE. Is the house even big enough for the extended family he is considering moving back to the UK?

So keep that in mind when you consider your response.

FBaby

We do require our home back and regardless will be serving notice for the summer.

OP, I think you need to start thinking of the outcome you are looking for rather than entering into a conflict that will only lead to stress on both sides with no positive outcome for anyone.

The above is clear. He considers the house is home (which is first mistake as a LL) and that whether you go or not when he is wrongly asking you too, you will be out at the latest by next Autumn, when you are evicted through the court (with potential costs falling on you, not counting the stress).

What is it you want to achieve for yourself? So far, you have stated that you would accept compensation. If he refuses, will you stick to staying until the end of the fixed term and then go? Or stay for as long as you can? If so, are you ok not to care for a reference? Are you prepared to fight him back for everything you can, ie. challenging the fact that he can’t do anything until he provides you an address in the UK, checking that your deposit has been protected and if not taking him to court for as much money as you can get. Or would you consider using it as a threat to push him to agree to compensation?

Ultimately, remember that at this stage, all he has done is being an idiot and trying to enforce what he thinks he is entitled to, not being vindictive or nasty. What needs happening is him realising that he is wrong and that the consequences of it is that he can’t get what he wants. I would therefore write back and only point out to a link that evidences that he is wrong in thinking that the clause is forcible and suggest that he doesn’t believe it, he might want to seek legal advice to that matter. Say that are prepared to negotiate, but due to the inconvenience to you, you are only prepared to stick to the terms of the contract and remain until you receive a valid S21 (or at the end of the fixed term), or under the terms of the financial proposal you’ve already put forward.

sparky130a

jamesb1983 wrote: »

I await urgent response

Well wait away pal....

What a t055er of a "LL"

HouseBuyer77

I'd echo FBaby's advice. No point antagonising the landlord needlessly.

However do give HMRC a ring. Not because you're hoping they'll nab him for tax evasion but because there's a chance that as tenant they'll chase *YOU* for the tax they owe.

Frankly I'm not sure how they could manage to do this unless they can demonstrate you were aware you should have registered with them and didn't (maybe they could, ignorance of the law is no defence etc but it just feels unfair). Still better safe than sorry and if it does turn out you owe back tax, then as you're there for a few more months you can just send the whole rent to HMRC til the tax bill is paid.

Ozzuk

jamesb1983 wrote: »

I think personal circustance should not be part of this.

# LLResponse

It specifically included in the agreement that we could terminate it if we require our own home.

We feel that giving you a few months notice is fair as you did not have to pay agents costs to rent our property and you were not vetted by any agent. We rented it on good faith. We hoped you would be able to understand our situation, without trying to make us pay your future rents, and agree to move out with no animosity.

I was advised by several agents prior to you moving in that we had seriously undercharged in the current market but was happy to go with the status quo as a consequence of your friends fantastic tenure.

I really hope we can resolve this asap. We do require our home back and regardless will be serving notice for the summer. We are very distressed following the loss of another [Family Member] and a grandchild on the way and I feel that you will easily be able to find a property in the next few months. I took a risk with yourselves, without taking any references and yet now am being held to ransome which distresses us deeply.

I hope you can try to empathise with our predicament without going down any legal routes and seek another property that meets your needs.

I await urgent response

My response would be along the lines of:

We appreciate your position and can sympathise that sometimes things happen in life that are beyond our control. However, a few points jump out:

It was your choice not to vet through agents - we have been perfect tenants, indeed we are the ones facing losing our home (your property, our home) because we trusted you to honour the contract.

We have taken legal advice, we strongly suggest that you do the same as our received advice has thrown up a number of irregularities for how you have chosen to operate your business.

Firstly, your 'break clause' does not come into effect until after the fixed term ends. This should be extremely quick for you to verify.

As an offshore landlord you are required to provide a UK address for all correspondence, you have failed to do so.

As an offshore landlord, you are required to account for tax in the UK - we are currently in direct discussion with the HMRC to understand our liability - we may be required to directly pay your tax to the HMRC which could affect future rent payments - we will keep you informed how this progresses.

We have not acted unreasonabley and have indeed offered you a solution. How would you feel if we suddenly got in contact and said we were leaving half way through our contract? Would you simply let it go?

Finally, as stated earlier, this is our home, we will now be forced to look for a new home ready for August - we accept that as a risk of renting but equally we aren't responsible for your change in circumstances, as difficult as they may be. You could indeed rent for a few months until your property becomes available.

Please do seek proper legal advice as continuing to threaten to remove our home could be taken a harassment, we're sure that isn't your intention but it is causing upset and stress.




I'm sure others will help adjust it, you could maybe soften it more, and more legal prose.