Landlord wants to evict me and move back in!

DaftyDuck

By raising the previous tenant's deposit, by pointing out how "reasonable" they were, is done as an implicit threat as to how unreasonable they (think) might become.

My guess is they c0cked up the inventory or checkout or deposit or contraception last time, rather than did it out of the goodness of their 'arts.

After all, they've shown neither empathy and kindness for their current tenant, nor a basic understanding of their legal responsibilities to the tenant (or HMRC!!!) this time round.

I still say ask for exactly what you want, and insist on all cash (tax paid in advance, of course) before you vacate. Def get deposit returned in full before exiting as well.

If staying until August suits you, do so. No sympathy with the scummy scamming idiot. That's with my landlord helmet on. The website would explode if I wrote my personal view...

MrNiceGuy_007

Just checked, my deposit is not protected.

fairy_lights

MrNiceGuy_007 wrote: »

Just checked, my deposit is not protected.

Oh boy. I would call your landlord a Muppet but that does a real disservice to Muppets.

highet

aside from this landlord being a complete moron who doesnt have the remotest idea of his responsibilities and obligations as a landlord it sums up everything which is wrong with the system in the uk -'' i want to live in the middle east - rent out a property in uk but pay sod all into the system in tax whilst collecting gross rent but parachute straight back into the uk so that the nhs can provide my D-I-L with a free birth paid for by the rest of you mugs who do play by the rules'' !!!!

GDB2222

MrNiceGuy_007 wrote: »

Just checked, my deposit is not protected.

How do you check that?

If it has been protected, you ought to have been given the statutory information about the scheme. Have you been?

If the deposit's not protected, and you are liable to HMRC for 20% of the rent since you moved in, you need to have a serious chat with the landlord about putting all that right. He needs to return the deposit to you, as its too late to protect it. He needs to remit the 20% to you, so you can pay it to HMRC. Otherwise, you stay put and withhold any rent payments until you are squared up.

You can go to court about non-protection of the deposit, and the judge can award you up to 3 months rental. However, it's discretionary.

Ozzuk

I thought it was 3xdeposit not 3xrental?

https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

Guest101

GDB2222 wrote: »

How do you check that?

If it has been protected, you ought to have been given the statutory information about the scheme. Have you been?

If the deposit's not protected, and you are liable to HMRC for 20% of the rent since you moved in, you need to have a serious chat with the landlord about putting all that right. He needs to return the deposit to you, as its too late to protect it. He needs to remit the 20% to you, so you can pay it to HMRC. Otherwise, you stay put and withhold any rent payments until you are squared up.

You can go to court about non-protection of the deposit, and the judge can award you up to 3 months rental. However, it's discretionary.

The amount is discretionary at 1-3x

G_M

GDB2222 wrote: »

How do you check that?

Easily:

* Deposits: payment, protection and return (I'm sure I linked this earlier somewhere....).

So:

* LL has breached HMRC rules, tenant has alerted HMRC (not sure this was wise, but hey ho!), and HMRC is now expecting cash from tenant

* deposit is not protected. LL is liable for up to 3 times the deposit penalty (plus the deposit itself)

* can't recall if tenant has an address in Eng for LL - if suing for deposit/penalty etc, where will tenant serve court notices......?

* LL has offered 1 month rent + £400 (which will barely cover the deposit let alone the tax) in return for Early Surrender by April

The questions for the OP now are: what does OP actually want?


a) to find somewhere and move (at his convenience)?
b) to stay till August?
c) to cash in on the penalty?
d) to protect himself from HMRC by getting enough cash from LL to cover that potential bill?
e) to reach an agreement asap and remove the stress of uncertainty?
f) to be as vindictive as possible in every respect?
g) to get rent-free housing for as long as possible?

The answers to the above will dictate the appropriate response.

DaftyDuck

MrNiceGuy_007 wrote: »

Just checked, my deposit is not protected.

As I said earlier, get full return of deposit as well as any other agreed payout in cash BEFORE you vacate.

Any crooked waste of space ll who cheats and fiddles to this extent won't. "play fair"....

MrNiceGuy_007

GDB2222 wrote: »

How do you check that?

If it has been protected, you ought to have been given the statutory information about the scheme. Have you been?

If the deposit's not protected, and you are liable to HMRC for 20% of the rent since you moved in, you need to have a serious chat with the landlord about putting all that right. He needs to return the deposit to you, as its too late to protect it. He needs to remit the 20% to you, so you can pay it to HMRC. Otherwise, you stay put and withhold any rent payments until you are squared up.

You can go to court about non-protection of the deposit, and the judge can award you up to 3 months rental. However, it's discretionary.

I used this site to check:

https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected