Landlord wants to evict me and move back in!

fairy_lights

jamesb1983 wrote: »

I am extremely distressed at the tone and content of your email. I have been unable to function since I read it. If you wish to withhold funds I cannot stop you but am distraught that you have taken this stance.

God that's laying it on a bit thick isn't it? :rotfl:

Kalamazoo

Good to see all the bored voyeurs of MSE stoked the OP into sending a needlessly combative response.

All they had to send after their initial response was to suggest the LL seek legal advice, and agree to communicate further only through those channels. Then change the locks to be sure.

Still, at least they've provided entertainment for the usual suspects

itchyfeet123

Miss_Samantha wrote: »

However wrong your landlord is, your replies make you sound more and more like a tenant no landlord would like to have.

You mean a tenant who is fully informed of his/her rights?

OneLeggedPig

Edit: I responded to a very early bit, have removed

fairy_lights

Kalamazoo wrote: »

Good to see all the bored voyeurs of MSE stoked the OP into sending a needlessly combative response.

All they had to send after their initial response was to suggest the LL seek legal advice, and agree to communicate further only through those channels. Then change the locks to be sure.

Still, at least they've provided entertainment for the usual suspects

OP wasn't 'stoked' in to anything, he's been given a lot of good advice but his replies are up to him.
And yes it is quite entertaining reading his landlords hysterical messages, so what, you're reading the thread too aren't you?

Guest101

Miss_Samantha wrote: »

OP you do not have to copy paste the whole correspondence.

As suggested by others there is no need to reply to every email, especially to add more points to argue about. You are just making the situation worse for no reason.

However wrong your landlord is, your replies make you sound more and more like a tenant no landlord would like to have.



Have you got a case law confirming that a break clause cannot be one way?

Especially in this case (assuming we have a break clause) since it is quite restrictive.

In any case, this wasn't the point, was it? But let's argue for the sake of arguing...

No case law to hand, I can do some searching, but guidelines are that terms need to be equitable, or they may be found to be unfair - as with any court action the judges interpretation can vary.


Not looking to argue, since in essence we agree it's unlikely to be a valid break clause, was just adding to the point.

Guest101

jamesb1983 wrote: »

Thanks for the help on this matter, I have complied some of the posts within this thread.

I replied with......

# My Reply
"I sympathize with your loss. We too have personal events happening in our life. However I feel keeping personal attributes aside with this matter is professional best practice and nothing more will be said herein.

Unfortunately, you are mistaken to assume the contract states "you have the right to move back in". The tenancy agreement provides a reference to a much larger Housing Act which cannot be acted upon until after the 12 months. These are the terms we all signed up to and now you are calling us the bad guys for adhering to the contract? Choosing us to take over the property was and still is a good idea, as we would never miss a payment and make sure the house is looked after as per the contract. Which is what you want from a tenant?

We are not holding you ransom, the contact was put in place to protect both parties. If for example we wanted to terminate the contract early, we would still be liable for the remaining months of the contract. Would you have said OK with no penalty? I doubt so, as you would be without rental income until the property was occupied again.

We are prepared to negotiate, but due to the inconvenience on our side, we are only prepared to stick to the terms of the contract and remain until we receive a valid S21 (or at the end of the fixed term), or under the terms of the financial proposal we have already put forward.

There are other outstanding issues that have come to light during my research.

# You have failed to provide an address for serving notices in Eng/Wales, Landlord and Tenant Act 1987 S48

http://www.legislation.gov.uk/ukpga/1987/31

~ By law we now have to stop paying rent until you provide this information. This doesn't mean you will not get the money, we are still liable for the rent, and rent due will be payable in full once I receive the Eng/Wales address.

# Your address is not UK and therefore I am required by law to register with HMRC and possibly deduct tax at source from your rental income.

https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

~ I will be calling HMRC today about this to query.

Moving forward I think you should seek legal advice, at least to confirm what I have said is correct. After which I am more than happy to come to an agreement and vacate the property."


.....and got the following response. :j

# Landlord response
"With regard to the Inland Revenue we informed them before we left the country and I think if you contact [Letting Agent] you will find that it was done, as rent was paid via them in the first year and they needed this so as to not deduct tax. The agent for your friends transaction with me. We are not liable for tax as we are expats and we each receive the full UK tax allowance, and as the rent is to us both we each can offset it against our allowance, hence it is way under.
We are not at liberty to provide this information to you.

I am extremely distressed at the tone and content of your email. I have been unable to function since I read it. If you wish to withhold funds I cannot stop you but am distraught that you have taken this stance. All we did was hope you would let us have our home back. It is clear that you won't so we will wait until August to take the keys. I really thought you would understand and look for somewhere, particularly as you now know we will be taking it back anyway. "

Dear LL,


I don't know who this agent is, they're nothing to do with me and I don't pay rent to them. I will seek independent advice from HMRC.


By law I require an address for the purpose of serving notice which is in England or Wales, if you are unable or unwilling to provide this, I will have no choice but to withhold the rent.


Equally I am distressed that you believe you can unilaterally end my tenancy, and am now investigating where else you may have failed to act in a landlord like manner.


You are welcome to have the property back, I have offered my terms for an early surrender. If you don't wish to accept, please do not contact me again on this matter.


I suggest you take your own advice and look for somewhere else


Kind regards


James




OR


simply ignore.

ScorpiondeRooftrouser

If the landlord had wanted to resolve it amicably he could have started by asking if he could have the house back early. He started by stating he was taking it back and quoting his rights, incorrectly. He has only been answered in kind.

Guest101

Kalamazoo wrote: »

Good to see all the bored voyeurs of MSE stoked the OP into sending a needlessly combative response.

All they had to send after their initial response was to suggest the LL seek legal advice, and agree to communicate further only through those channels. Then change the locks to be sure.

Still, at least they've provided entertainment for the usual suspects

Most posters did suggest this, or simply to ignore.

MissMoneypenny

HouseBuyer77 wrote: »

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).

It's all out there on the government's site- .



https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

Tenants

If your landlord lives abroad and you pay over £100 a week, you need to register with HMRC and deduct tax from your rent.

You also need to register with HMRC if you pay a UK representative of your landlord, such as a friend or family member, who isn’t a letting agent.

You don’t need to deduct the tax if HMRC has told you in writing that the landlord can receive the rent with no tax deducted, but you must still register with HMRC and complete an annual report.