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Landlord doesn't want to secure deposit, and wants us to pay him for council tax
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2bunnies wrote:Currently considering renting a flat from a private landlord, but the landlord has made it clear that he won't be securing the deposit (we have this in writing). What incentive is there for him to do this? I was thinking that maybe he's not planning on returning the deposit. But surely, for him, the risk involved in not securing the deposit is far greater than the financial reward of keeping our deposit?
He also wants to keep his name on the council tax and for us to pay him monthly for it. All other bills would be in our name. If we went ahead with this agreement, I'm guessing that it would be quite risky for us, since he could effectively pocket the money we pay him? And then we'd be chased for the council tax that hasn't been paid, as we're the occupants?
For Reference
http://www.landlordzone.co.uk/forums/showthread.php?78398-Landlord-doesn-t-want-to-secure-deposit-and-wants-us-to-pay-him-for-council-taxAdvice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
If he owns the property (check here for £3), then his motive is tax evasion, and/or mortgage fraud and/or benefit fraud.
If he does not own the property he may be sub-letting in breach of his own tenancy (plus some of the above too!).
On the plus side, if you go ahead you'll be in a strong bargaining position: The penalty for not registering the deposit is 3 times the deposit - you could claim this at any time during the tenancy, or for up to 7 years later.
Additionally if the deposit is not registered he can never evict you using a S21 Notice, as a S21 is invalid where deposit is unprotected.
Tax evasion can be reported here:
https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion
Benefit fraud can be reported here:
https://www.gov.uk/report-benefit-fraud0 -
If you pay him for council tax, and he doesn't pay it, the council will absolutely chase you. Do not do it in any circumstances!0
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OP, your potential landlord is clearly up to something very dodgy.
Are you absolutely sure he owns this property? He could be running a scam where he has keys to a property (for whatever reason, maybe a tenant, maybe borrowed) and will show you around, take the deposit and you will never hear from him again and certainly not be able to move in. Your deposit will be lost.
Even if he does own it and you do move in, yes you could at some point sue him for up to 3x the deposit for non-protection but bear in mind that your tenancy will almost certainly be a fight over everything if he has this attitude. I can just imagine repairs won't be done, even if say your boiler breaks. It will be so much hassle. You will be miserable.
Find somewhere else!0 -
It is depressing that there are still amateurs/con artists operating like this, under the guise of landlords but worse still that tenants are still accepting it in this day and age.
Walk away O/P, after you've reported him of course.
ETA I just noticed on the Landlordzone thread that the o/p mentions the property is leasehold - I wonder if the terms of his lease forbid letting the property?0 -
It is depressing that there are still amateurs/con artists operating like this, under the guise of landlords but worse still that tenants are still accepting it in this day and age.
Walk away O/P, after you've reported him of course.
ETA I just noticed on the Landlordzone thread that the o/p mentions the property is leasehold - I wonder if the terms of his lease forbid letting the property?
Or his brand new mortgage perhaps? I think you get the lending bank details on the land registry - I might be tempted to write to them !0 -
At least he has shown his cards up front I suppose, thus giving you a lucky escape. This sort of landlord, I can't see being quick to fix a broken boiler, or make sure the gas safety check is done. I wouldn't trust him not to decide he's putting the rent up by £100 next week. He's clearly shown he has no regard for landlord and tenant law.
Please don't touch this chancer with a bargepole O/P.0 -
I know that you have looked on the land registry website about this but what you don't know is that the person who says that he is your landlord actually owns the flat. He could also have looked on the land registry website and found out who owned the flat and be scamming you. Identity theft is a big problem.0
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Tax evasion plain or subletting. Grass him up.0
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