Landlord wants to evict me and move back in!

MrNiceGuy_007

G_M wrote: »

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.

a) At my convenience
b) If payout is.
# Fees £300
# Moving costs £400
# 3x month rent + return of deposit

c) Free cash!!

d) already sorted this as not paying rent this month which will cover the TAX due.

e) this goes without saying

f) I could be. I'm not a vindictive person, just don't want to be pushed about and scammed by LL.

g) no

macman

OP now appears to hold all the cards, as an S21 cannot be issued until the deposit is refunded.
I think the OP needs to decide what they really want, to remain in the property until August, or to agree to leave earlier in return for suitable compensation.

fairy_lights

MrNiceGuy_007 wrote: »

d) already sorted this as not paying rent this month which will cover the TAX due.

Have you told your landlord this yet? I can't imagine he's going to take it well!
Has he fulfilled his other obligations like gas safety checks?
You really do hold all the cards now.

MrNiceGuy_007

fairy_lights wrote: »

Have you told your landlord this yet? I can't imagine he's going to take it well!
Has he fulfilled his other obligations like gas safety checks?
You really do hold all the cards now.

I have not contacted the LL yet, rent due in 3 days LL will know very soon.

itchyfeet123

MrNiceGuy_007 wrote: »

a) At my convenience
b) If payout is.
# Fees £300
# Moving costs £400
# 3x month rent + return of deposit

c) Free cash!!

d) already sorted this as not paying rent this month which will cover the TAX due.

e) this goes without saying

f) I could be. I'm not a vindictive person, just don't want to be pushed about and scammed by LL.

g) no

Re not being vindictive, I think it would be doing a community service if you make sure it costs the landlord at least as much as he "saved" by getting rid of the agent and doing it himself. When his circumstances change and he decides to rent his property again, he will hopefully remember how expensive his amateurism was and either leave it to the professionals or do better next time.

Cakeguts

Landlord's problems are nothing to do with you. He made them he solves them. Do whatever you want to do. This house is now your home it isn't the landlord's home until sometime after August. He cannot ask you to move it is that simple. He doesn't have the right to ask someone else to move out of their home.

Personally I think that the compensation that he has offered is too low. If you move you will be saving him at least 5 months rent and we all suspect the cost of having the baby in UAE. If he wants you to move he will have to come up with something a bit better than what he has offered. For example he hasn't offered to pay for your time in viewing other properties or the cost of your transport to get to them only moving costs of £400. Does that £400 pay for a removal van and the cost of packing your belongings?

Don't with hold the rent. Pay that because you have got to be the most reasonable one on this.

Oh and I am a landlord. I expect most people will have realised this by now. I am extremely annoyed by the actions of the OP's "landlord."

Guest101

macman wrote: »

OP now appears to hold all the cards, as an S21 cannot be issued until the deposit is refunded.
I think the OP needs to decide what they really want, to remain in the property until August, or to agree to leave earlier in return for suitable compensation.

until 2018 at this rate!

G_M

Cakeguts wrote: »

....

Don't with hold the rent. Pay that because you have got to be the most reasonable one on this.

In principle I agree, but...

although OP 'holds most of the cards' now, he has raised the tax spectre (as I said above, probobly not wise) and now has to deal with the fact that HMRC are on his (OP's) tail...

The best practical way (and the legal way) to deal with HMRC is to deduct the amount due from the rent. If that means witholding a full month's rent to cover back-dated 20%, that's what he should now do.

However he should formally inform the LL that is what he's doing, and enclose a copy of the HMRC email, plus links to the relevant rules, so LL fully understands that this is purely a tax-related act, and unconnected with any other discussions.

macman

OP, you were asked this earlier, but it's worth repeating. Does the property have gas appliances? if so, did you receive a current landlord's gas safety certificate on occupation? If not, you have yet a further ace in your pack to 'assist' your negotiations.
Non compliance with this is a very serious offence, and an unlimited fine or imprisonment can result should you report it.
You would also be safeguarding any future tenants that this clown might have.

MrNiceGuy_007

macman wrote: »

OP, you were asked this earlier, but it's worth repeating. Does the property have gas appliances? if so, did you receive a current landlord's gas safety certificate on occupation? If not, you have yet a further ace in your pack to 'assist' your negotiations.
Non compliance with this is a very serious offence, and an unlimited fine or imprisonment can result should you report it.
You would also be safeguarding any future tenants that this clown might have.

Back home later today, will check this out and report back :beer: