Landlord wants to evict me and move back in!

Person_one

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

It worked though, the LL will now leave the OP in peace until the end of their tenancy.

Hopefully he'll also be motivated to get his act together on the other stuff he needs to sort out too.

MrNiceGuy_007

ScorpiondeRooftrouser wrote: »

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.

I agree, this was not started amicably.

greyfox

jamesb1983 wrote: »

# LLResponse


We feel that giving you a few months notice is fair ...We do require our home back and regardless will be serving notice for the summer.

As I understand it, you agreed a 12 month AST from August 2016, which would end in Aug 2017. In my eyes, that is "the summer".

Are you sure the LL is trying to get you out before your 12 month tenancy ends? He could simply be giving you lots of advance notice the he won't be renewing it this August. Might be worth checking before you go any further as I think that would be a whole different ball-game.

Guest101

greyfox wrote: »

As I understand it, you agreed a 12 month AST from August 2016, which would end in Aug 2017. In my eyes, that is "the summer".

Are you sure the LL is trying to get you out before your 12 month tenancy ends? He could simply be giving you lots of advance notice the he won't be renewing it this August. Might be worth checking before you go any further as I think that would be a whole different ball-game.

Yes, the initial contact was for the property back by April.

MrNiceGuy_007

greyfox wrote: »

As I understand it, you agreed a 12 month AST from August 2016, which would end in Aug 2017. In my eyes, that is "the summer".

Are you sure the LL is trying to get you out before your 12 month tenancy ends? He could simply be giving you lots of advance notice the he won't be renewing it this August. Might be worth checking before you go any further as I think that would be a whole different ball-game.

please look at post 14

itchyfeet123

Guest101 wrote: »

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.

...
Kind regards


James

I would add something to the effect that it might more quickly resolve the issue (of tax, not surrendering the property) if they supplied the relevant documentation, which presumably either they or their former agent have on file somewhere.

greyfox

Sorry, had missed that! That'll teach me not to skim read.

MissMoneypenny

itchyfeet123 wrote: »

I would add something to the effect that it might more quickly resolve the issue (of tax, not surrendering the property) if they supplied the relevant documentation, which presumably either they or their former agent have on file somewhere.

For tenants, on the goverment website and in post 121 with the link. My bold.

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.

itchyfeet123

MissMoneypenny wrote: »

For tenants, on the goverment website and in post 121. My bold.

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.

Ok, thanks for the correction.

HouseBuyer77

MissMoneypenny wrote: »

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

Indeed it tells you what to do. It's quite clear that if you are paying rent direct to a landlord who is not resident in the UK you must register with HMRC who will instruct you appropriately.

What is less clear is what happens to a tenant who doesn't realise this is a requirement? For most transactions your average person takes part in they don't have to deal with withholding money and paying to HMRC (their employer withholds income tax, the shop pays the VAT etc). So there's no reason you'd expect it to be any different for renting. I'd expect say 99% of renters would be surprised to learn about this requirement. Unless you specifically go searching for information you could be acting in good faith and totally unaware.

As such it would seem unfair of HMRC to chase such a tenant for the missing tax. Would be interesting to know a) if the are able to do so and b) if they ever would.

Of course another situation where the tenant is aware of this and specifically decides not to (maybe the landlord said don't register and I'll knock some money off the rent) chasing them for the tax seems justified.

Really it seems the landlord should have a responsibility to notify the tenant they'll need to register for HMRC (so you can justify chasing the tenant as they had been told and chose not to), but that doesn't seem to be the case.