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Landlord wants to evict me and move back in!

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  • This just in!

    "We have been in touch with the Non Residents Landlord Tax Scheme at HMRC. We read them the contents of your emails regarding your decision on our tax liabilities. To be frank they were astounded. They confirmed that at no point ever would they disclose any personal tax liability with a third party. They had no record of you contacting them re our property. And we were advised to contact the police as your allegations are very serious. We had, of course, complied with all documentation, and they are posting proof to you. This should be with you in the next couple of days. We trust the rent will be paid shortly."


    Dear Mr Landlord

    I am writing with reference to the tax situation with HMRC which is entirely unrelated to the matter of your request for an early surrender of the property.

    I have contacted HMRC myself and received the attached letter instructing me to withhold 20% of rent payments and send it directly to them, as I am the tenant of a non-resident landlord. I am legally obliged to follow this direction which they have addressed to me.

    20% of the rent payments to date (including the forthcoming rent payment) would be £x and hence I will be deducting this from the next rent payment of £y and sending this to HMRC. I will be paying you the balance of £z/I will be deducting the balance of £z from the following month's rent payment and sending you the remainder. Going forward, I will be sending 20% of all rent payments directly to HMRC.

    Rest assured that at no point have HMRC discussed any aspect of your personal tax affairs with me. They have only confirmed what my own actions should be with regards to the payment of rent to an overseas landlord.

    I am sure you understand that I am required to follow this specific instruction from HMRC and have no choice in the matter.

    I will contact you separately regarding your request for an early surrender.

    Kind regards
    OP
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The LL may have been registered previously but based on what HMRC asked the OP for this is based on Tenant and address if the LL did not update HMRC they would have no record of the current tenant.
  • silvercar
    silvercar Posts: 49,628 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I'm not at all sure that the tenant can deduct tax relating to previous tax years. The landlord may (or may not!) have paid the correct tax through self assessment at the end of the tax year through self assessment. That is a matter between landlord and hmrc.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • LannieDuck
    LannieDuck Posts: 2,359 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    I'm in agreement with those who think you need to bring this to a resolution now. It's been a fun thread to read, but it must be quite stressful to live through.

    What's your current offer to the landlord? (I know there was one a while back, but I'm unclear if that still stands or if it's been superseded by now...)
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just wondering what kind of reference the OP will be expecting
    from the LL.
  • m0bov
    m0bov Posts: 2,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The OP is a twit and shame on all you people who encouraged this drama.

    What happened to live and let live?

    The landlord had a simple request which could have been dealt with peace and harmony.

    Absolute joke from OP and his followers.

    Looks like the LL has found the thread :rotfl::rotfl:
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    POPPYOSCAR wrote: »
    Just wondering what kind of reference the OP will be expecting
    from the LL.

    Even though I do think the OP is now milking it a bit, it really shouldn't be the case that tenants have to kowtow to their landlords and acquiesce to unreasonable demands in order to get a decent reference. This guy thought he could just break the contract and that the OP should just roll over and accept it.
  • Ahh, it's half term isn't it?
  • the landlord has obviously been stupid in this case - by forgoing the agents to cut down on his fees, he has not done everything he should have done in this case i.e protecting the deposit, not knowing the full rights of tenants. but i don't think their intent has been malicious. they are misinformed and stupid and have suddenly found themselves in the situation of needing to be back in the uk for DIL's birth. clearly they should have tried to bargain with OP and prepared themselves to privately rent for a few months until the end of the tenancy, but hey ho. they seem panicked, not malicious. i don't think the baby was planned nor did they realise the true cost of giving birth in dubai.

    i hate shoddy landlords as much as the next person. i am dismayed at the rising costs of renting (i pay 50% of my wage just in rent!) with little hope of me ever being on the property ladder and i blame the buy-to-let landlords and those that buy houses and leave them empty. but i do think some people in this thread gave inflammatory commentary that has not solved anything.

    you should deduct 20% of the rent from the date HMRC has instructed you to and send it to them with receipt to landlord. do not withhold rent for previous months, HMRC can reclaim this through landlord as they now know that you were not aware. if they decide this is by you sending a full month of rent to them, so be it, but do not do this unless instructed.

    OP, you have to leave at some point. this may have bought you an extra 3-4 months but you have ruined any chance of getting a good reference from the LL. they made their offer, you have made yours, so now make a counter offer that is between the two. as long as you find somewhere without incurring extra costs surely it doesn't matter? you have no stability in this property either way as even if they waited until august, they have made it clear they want the property back.

    if i were in this position i would say i would like 2 months rent and the moving costs covered (new agency fees, removals) and obviously my deposit back. this gives you a deposit and month's rent for a new place and then another month's rent for compensation. but i would be looking to move out before the end of the tenancy because what's the point dragging it out? you could be nice and settled in a new place by the summer! with potentially a little fund for a holiday!
    CCCC #33: £42/£240
    DFW: £4355/£4405
  • Guest101
    Guest101 Posts: 15,764 Forumite
    m0bov - ha ha, you are so funny. Please remind me when you laugh.

    Not sure who is the bigger twit, you or the OP




    It's ok your username will be PPR'd shortly.
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