Landlord wants to evict me and move back in!

itchyfeet123

jamesb1983 wrote: »

Information they requested to perform search.

1: My surname
2: Postcode
Result: LL not registered!

Surprising that they wanted your name and not the LL's.

Guest101

jamesb1983 wrote: »

Update from HMRC, which will be confirmed in writing within the next 7 – 10 working days. For the benefit of other people in my situation, I will of course post this once received.
Information they requested to perform search.

1: My surname
2: Postcode
Result: LL not registered!

Questions.

Q: I asked if tax was deductible from rent
A: HMRC said, tax is deductible if the landlord is NOT registered with the scheme. It’s not a legal requirement for the Landlord to register, but it is a legal requirement for the Landlord to inform HMRC they are living outside the UK.

Q: If the tenancy continued until the end, would I be liable for the taxes due.
A: No, because the landlord failed to inform HMRC they are living outside the UK.

Q: How is tax paid?
A: Quarterly bill is sent out from HMRC to home address.

Since you're withholding rent anyway, just stick it all in a savings account and sort it out once you get the bill

Guest101

itchyfeet123 wrote: »

Surprising that they wanted your name and not the LL's.

I think the LL is supposed to inform them when tenancy ends and next one begins.


As the tax bill would need to be amended if part way through charging period.


HMRC can already see who owns the property.

MrNiceGuy_007

itchyfeet123 wrote: »

Surprising that they wanted your name and not the LL's.

This is making me want to call back and confirm

itchyfeet123

jamesb1983 wrote: »

This is making me want to call back and confirm

Guest 101 provided some context that could save you the call.

silvercar

Update from HMRC, which will be confirmed in writing within the next 7 – 10 working days. For the benefit of other people in my situation, I will of course post this once received.
Information they requested to perform search.

1: My surname
2: Postcode
Result: LL not registered!

I'm surprised that hmrc will tell you if the landlord is registered. Firstly because I would have thought they need to do some digging to identify the landlord and secondly because they shouldn't be revealing this information to the tenant. Otherwise anyone could phone hmrc and query if their mate they met on holiday has registered.

Dare one ask if you paid a deposit and if it's protected?

If you do set the money aside you will need to pay it over once the LL is back in the country, presumably in August they will give you the address of your home as their address.

gingercordial

silvercar wrote: »

I'm surprised that hmrc will tell you if the landlord is registered. Firstly because I would have thought they need to do some digging to identify the landlord and secondly because they shouldn't be revealing this information to the tenant.

Yes they should and will, because whether or not the landlord is registered to receive rent gross or net is absolutely the tenant's business, because the tenant needs to know whether to pay 100% to the landlord or 80% to the landlord and 20% to HMRC. The entire point of the registration is that the tenant should then be notified of which one to do.

The registration in question is purely for receiving rent gross. It tells the tenant nothing about the landlord's underlying tax affairs at all. It implies nothing about whether or not the landlord is paying UK tax on the rent or not. It simply says that he has gross or net status with regard to rental payments from the tenant for that tenancy.

I don't know what HMRC's systems look like but I expect it could be done by postcode plus property number. They will know if a registration is currently active for that property or not. If there is one they might want to ask some more questions to confirm it applies to the correct landlord. If there isn't one, there just isn't.

Fish&Chips

I have a feeling that the LL continues to have his mail sent to your address (and hasn't informed the HMRC that he's left the country) because he wants to make it appear that he is still resident in the UK.

I wonder if some of the the mail (or the contents within) is addressed to his daughter-in-law to make it look that she is a continuous UK resident? Perhaps she is having a difficult pregnancy and has insufficient health coverage in Saudi Arabia. I wonder what her status is if she comes to the UK, eg. British Citizen, has indefinite leave to remain (permanent residency) or is coming in on a spousal visa - but it depends on the citizenship status of the other parent.

Something is fishy here.

m0bov

I would be opening the mail!

HouseBuyer77

I would be opening the mail!

Not a good idea, it's not legal to open someone else's post.

Best thing to do would be to cross out address and write 'Not at this address, return to sender' and pop it in a postbox.