Landlord wants to evict me and move back in!

FBaby

The point is that OP doesn't need to go about any of this to protect himself, which he has been told from the start. All he needs to do is...nothing.

Therefore knowing his rights about tax and the rest is irrelevant to the issue. The question is whether he would have done something about it had it found out about it whilst seeking advice on asking his LL to break his lease. If so, then fair enough, but I somehow very much doubt it if he wanted the LL to show some flexibility.

He didn't ask he demanded that the tenant move out of the tenant's home so that he could have it back.

He did that because he thought he was in the right to ask him to do so. He did quote the part he believed gave him that right. He is wrong, but not knowing that he is, why would he ask rather than demand at that point?

So again, why not stick to the simple 'you're wrong, I'll leave it here and stay for as long as am entitled to'

itchyfeet123

FBaby wrote: »

The point is that OP doesn't need to go about any of this to protect himself, which he has been told from the start. All he needs to do is...nothing.

Therefore knowing his rights about tax and the rest is irrelevant to the issue. The question is whether he would have done something about it had it found out about it whilst seeking advice on asking his LL to break his lease. If so, then fair enough, but I somehow very much doubt it if he wanted the LL to show some flexibility.


He did that because he thought he was in the right to ask him to do so. He did quote the part he believed gave him that right. He is wrong, but not knowing that he is, why would he ask rather than demand at that point?

So again, why not stick to the simple 'you're wrong, I'll leave it here and stay for as long as am entitled to'

The tax bit may be irrelevant to the issue of moving dates, but that is something the OP would have been foolish to ignore given the possibility of HMRC chasing him later.

booksurr

teddysmum wrote: »

The landlord stated that he and his wife have income tax allowances, which can be used to more than cover the tax due on the rental, but do they have a UK tax allowance if not living here ?

as you know nothing about tax then best not to comment on it. Yes they get a UK allowance if they are EEA citizens. However, the fact we do not know if they are or are not EEA citizens makes no difference to the OP's position, so is irrelevant.

https://www.gov.uk/tax-uk-income-live-abroad/personal-allowance

franklee

HouseBuyer77 wrote: »

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.

Obviously can't guarantee it'll be the same for the OP but there was a tenant on the forum in this position a few years back who found out about the NRL scheme late in her tenancy. She rang HMRC and posted a summary of what was said. HMRC were sympathetic to the tenant understanding the unfairness and were clearly trying to help her but did say they do sometimes collect the tax from a tenant. However as she'd given them the landlord's details they were able to go after the landlord instead. The landlord wasn't registered with the non-resident landlord's scheme but they registered PDQ on hearing from HMRC. HMRC then sent the tenant the letter saying they didn't need to deduct the tax.

karcher

Person_one wrote: »

What on earth did I miss that the OP sent the LL that was so terrible?

Recent posts are reading like the OP told the LL he was glad his relative had died and he was planning to trash the house then set it on fire before leaving in retribution!

From what I can see he offered a negotiated solution, then asserted his rights calmly, then more firmly when he was met with blatant emotional blackmail and attempts to guilt trip. He also let the landlord know about the extra knowledge he has gained in his research that impacts on both of them.

Where was the 'ghastly' in all that?

Agreed. I was wondering exactly the same thing.

FBaby

What on earth did I miss that the OP sent the LL that was so terrible?

Threatening to stop paying rent is not particularly nice, especially when at the point, he had no real evidence to prove that he could do so.

The tone throughout the thread has certainly changed, going from what do I do in terms of the demand to move during my fixed term, for which he was given advice to 'I've done research and am going to use everything I've learned against you'.

Anyway, I expect it will come down to an agreement that OP stays until the summer and then moves on elsewhere. That would the best outcome. Entering into a match of principle, spending money for legal advice/going to court etc... just because an uninformed landlord made a stupid error seems totally disproportionate and frankly from my point of view, totally pathetic. Frustration resulting from dealing with people you are paying not knowing what they are doing occurs every day, fighting every battle as a matter of principle is the reason why our society has become so angry and aggressive all the time.

deFoix

I can't believe people are trying to construct arguments that the OP is being unreasonable here.

If nobody ever stands up to people being pig-headed (either through malice or ignorance) then what will the world come to. OP stated his case fairly and using unemotive language and I would have done exactly the same.

Good for you OP!

Brightonsbest_2

Hi

A simple fact LL can't evitct unless you done a lot, lot wrong as we know to our cost as we rent out several properties and you get good T's and awful T's

ATB

deFoix

Miss_Samantha wrote: »

Two wrongs do not make one right. Once again this thread has shown that many of you are simply hostile to landlords in general and are just rationalising it.

What wrong has the OP committed exactly?

robatwork

Brightonsbest wrote: »

BrightonsBest A Respected Poster, Fact :A

Is your sig meant to be sarcastic - or are you a respected poster since way back in Dec 2016?