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Landlord wants to evict me and move back in!
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Even you know that your stretching it. The law doesn't provide for a statutory break clause and each element of s.50 of the TA reference 'the act'
It says that the landlord may end the tenancy by serving a s.21 or s.8 notice. It isn't absurd to interpret this as the act of serving notice ends the tenancy.0 -
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jamesb1983 wrote: »Not sure what you mean, is that missing from the TA?
Rent is paid electronically to landlord.
1: what is the LLs address, is it in England or Wales?
2: do u deduct tax?0 -
It might be worth bearing in mind OP that the landlord may stumble across this thread while looking for answers on the webGather ye rosebuds while ye may0
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1: United Arab Emirates
2: No
Is the that the address given 'For the serving of notices' in the contract?
If so they need to give one that's in england or wales (assuming you're not living in scotland, then I guess it must be in scotland).
If they don't do this you don't need to pay any rent til they do. Note you still owe all the rent, you just don't have to paying it to them until they give you the address. At which point you'd have to pay them everything you owe til that point.
http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/
As for the tax thing. I believe landlord's receiving rent into a foreign bank account are meant to have their tenant deduct the tax due and pay it straight to HMRC, though I could be wrong here.0 -
jamesb1983 wrote: »1: United Arab Emirates
2: No
This is like pulling teeth. Does your TA have an address for the serving of notices? If yes which country is the address in? I can't tell from looking at your TA because you blacked parts out.
I think your LL is in the wrong but you're not really helping yourself by going in all guns blazing.0 -
gov.uk page on the tax:
https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad
I don't know if the tenant gets into trouble if they don't register with HMRC as specified on that page.0 -
jamesb1983 wrote: »I will thanks. What will be in the letter, I cannot be evicted? Also will I get the £100 back from the landlord?
I don't guarantee it costs £100. Ask for a quote.
No, you can't claim it back. So, if you don't want to spend whatever it costs, you'll have to do it on your own. You are doing okay so far.
I wouldn't panic. It takes months for eviction proceedings to go ahead, and the LL can't take possession without a court order. We all think he won't be successful, in any case.
If the LL is overseas, you ought to deduct tax from the rent and send it to HMRC. If you don't you might be liable for the tax yourself! That's a real PITA to administer.No reliance should be placed on the above! Absolutely none, do you hear?0
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