Landlord wants to evict me and move back in!

teddysmum

booksurr wrote: »

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

'?' indicates that I asked a question. I have made no comment.


You assume too much by stating that I know nothing about tax (I know about all situations which concern me) so , perhaps, you should take your own advice about making comments.

silvercar

Boler1985 wrote: »

What wrong has the OP committed exactly?

Tenant is now going to withhold rent. If LL can show that they have a letting agent (with E &W) address for the service of notices, then tenant could possibly be evicted for non-payment of rent. LL clearly thought they let through an agency originally so there is a risk there.

FBaby

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.

un-emotive language doesn't take away the implied threat which the LL clearly picked up on, which has inevitably escalated a conflict that could have been avoided.

Are most adults still operating on the basis of 'but he started it Miss'?

Person_one

FBaby wrote: »

un-emotive language doesn't take away the implied threat which the LL clearly picked up on, which has inevitably escalated a conflict that could have been avoided.

Are most adults still operating on the basis of 'but he started it Miss'?

Threat? The threat that the tenant will now meet his tax obligations if advised by HMRC and will pay rent when it becomes due as soon as the landlord provides the information required for that to be the case?

Funny sort of threat, unless you think landlords shouldn't have to see any negative consequences for getting things wrong, only tenants.

MrNiceGuy_007

silvercar wrote: »

Tenant is now going to withhold rent. If LL can show that they have a letting agent (with E &W) address for the service of notices, then tenant could possibly be evicted for non-payment of rent. LL clearly thought they let through an agency originally so there is a risk there.

No rent has been withheld. Not even due for another two weeks, giving the LL plenty of time to provide the correct address. As it stands we have 'over paid' the LL by one month, 20% should have been paid to HMRC.

LL will get the rent and property back in good condition

booksurr

teddysmum wrote: »

'?' indicates that I asked a question. I have made no comment.


You assume too much by stating that I know nothing about tax (I know about all situations which concern me) so , perhaps, you should take your own advice about making comments.

how is asking questions about things outside your comfort zone of help to the OP when you could have answered them yourself with a bit of effort and therefore provided informed advice to the OP rather than merely leaving things ?????
http://lmgtfy.com/?q=personal+allowance+if+you+do+not+live+in+the+uk

FBaby

jamesb1983 wrote: »

No rent has been withheld. Not even due for another two weeks, giving the LL plenty of time to provide the correct address. As it stands we have 'over paid' the LL by one month, 20% should have been paid to HMRC.

LL will get the rent and property back in good condition

Good, so hopefully it will all be sorted with them giving you an address, and then you can continue with the tenancy and start looking for another place to rent this summer.

LL will have to accept that they either need to delay their return or find other accommodation in the meantime.

And the positive that comes out of it is both are now more knowledgeable of the law.

silvercar

jamesb1983 wrote: »

No rent has been withheld. Not even due for another two weeks, giving the LL plenty of time to provide the correct address. As it stands we have 'over paid' the LL by one month, 20% should have been paid to HMRC.

LL will get the rent and property back in good condition

I read it that you didn't intend paying any more rent until you have an address within E &W. The risk is that the LL then takes you to court to evict under a section 8, claiming that the Letting Agent he referred to in the email has been given to you as the E & W address for serving of notices. Then there is the risk that the court sides with the LL and you end up evicted.

Not fair on you if you genuinely haven't ever been given an address in E & W, but the LL seems to think you have.

Arleen

silvercar wrote: »

I read it that you didn't intend paying any more rent until you have an address within E &W. The risk is that the LL then takes you to court to evict under a section 8, claiming that the Letting Agent he referred to in the email has been given to you as the E & W address for serving of notices. Then there is the risk that the court sides with the LL and you end up evicted.

Not fair on you if you genuinely haven't ever been given an address in E & W, but the LL seems to think you have.

But doesn't the landlord is now legally obliged to provide an address in E&W as the tenant has requested it? Whethere he did before or not, doesn't seem to matter. At least that is how I read scetion 1 of Landlord and Tenant Act 1985:

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

.

So if he ignores it, pretty sure judge wouldn't then side with him.

G_M

Arleen wrote: »

But doesn't the landlord is now legally obliged to provide an address in E&W as the tenant has requested it? Whethere he did before or not, doesn't seem to matter. At least that is how I read scetion 1 of Landlord and Tenant Act 1985:

So if he ignores it, pretty sure judge wouldn't then side with him.

The 85 Act that you quote requires an agent to provide the LL's actual address. That address must be the LL's actual address - if he is overseas, then that overseas address should be provided as that is where the LL lives. It is only required to be provided if the tenant writes and asks for it.



You are getting confused with the Landlord and Tenant Act 1987 section 48, which says:

48 Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

This requires a LL to provide an address in Eng/Wales where the tenant can write official notices to the LL. This is most usually c/o an agent, but could be a family member's address or even a PO box. However, if the tenant writes to the LL there, the law will assume the LL receives it (even if he does not).

This address in Eng/Wales must be provided whether the tenant requests it or not. It is usually included on the tenancy agreement (but could be provided seperately).