Can I terminate my tenant's tenancy early for having an unauthorised pet?

lovinituk

higgledypiggledy_pop wrote: »

Then I will just have to make sure that they do not find out about any of this, and be none the wiser when they eventually leave. Maybe I will also have to hope that their hound does damage something, preferably expensive and ugly so that I can take it from what they are owed!!

I believe they can still take you to court over it even after they have moved out. They probably have 6 years after they move out to find out about it and sue you for up to £12000 (3 times your stated deposit).

I think you need to make sure you do nothing to p1ss them off!

higgledypiggledy_pop

fairy_lights wrote: »

Don't you see?? It seems so obvious! The 'nosy neighbour' has been in on it all along running the con with the tenants. I mean what do we really know about her, is she really who she says she is? Does she happen to have a young Turkish lover?

Please don't be ridiculous, this is a nearly 60 year old woman who has been living in the same cottage on the estate for the last 30 years.

Guest101

higgledypiggledy_pop wrote: »

This almost made me panic for a moment but I think you are being facetious. They look very well dressed, at least in the photographs taken by the neighbour, and the woman sounded reasonably well educated on the phone. I cannot imagine her growing a cannabis. I should have thought my neighbour would inform me if anything like that was happening there, although I doubt that she would know anything about drugs. He could just be very well paid or there could be wealthy family involved. I am not going to add THAT to the list of concerns

However it does continue to upset me that they are fibbers, with dog, and the female does actually not seem to be working as was stated.

What's her personal life got to do with you?

Pixie5740

00ec25 wrote: »

you say the deposit is £4,000. As a deposit cannot be more than 2 months worth of rent (it would be illegal if it were) that means you are letting at £24,000 pa. If "the flat" is genuinely worth that, (?) and you were expecting to have all the rent paid upfront, it seems "strange" you allowed the agent to drip feed it to you.

A deposit of over 2 months isn't illegal for AST. It is classified as a premium though and that that premium does give tenants extra rights. For example, a tenant with an AST who has paid a premium is free to assign the tenancy. Taking a premium from a tenant with an AST could mean that under s115 of the Housing Act 1988 the landlord may not be able to end a tenancy within 20 years*.....:eek:

http://www.landlordlawblog.co.uk/2012/02/09/five-premium-tenancy-questions-answered/


*Depending on how s115 is interpreted. I'm just keeping with the vein of this thread and being sensationalist.

Guest101

higgledypiggledy_pop wrote: »

Then I will just have to make sure that they do not find out about any of this, and be none the wiser when they eventually leave. Maybe I will also have to hope that their hound does damage something, preferably expensive and ugly so that I can take it from what they are owed!!

Oh you're funny. They'll find out and you'll be paying out £12,000

higgledypiggledy_pop

00ec25 wrote: »

whilst I go out and get more popcorn for your next round of this saga, consider this:

you have ignored the replies that contain the information you need - see #41 for example

you say the deposit is £4,000. As a deposit cannot be more than 2 months worth of rent (it would be illegal if it were) that means you are letting at £24,000 pa. If "the flat" is genuinely worth that, (?) and you were expecting to have all the rent paid upfront, it seems "strange" you allowed the agent to drip feed it to you.

your initial statement was that the agent is holding back 25%. When we pointed out the tax rate is 20% you (briefly) changed it to 20%. I now note it has risen to 40%. Tax law requires the agent to deduct basic rate only (not 40%) if the landlord is overseas. Seems you cannot be consistent about that and have "forgotten" to tell the agent you are now back in the UK.

you claimed to be overseas, now you claim to be in Scotland, but have no idea how the UK tax system operates, yet this is your "ancestral home"

you do not want to deal with "professionals" yet you show no willingness to take on board the info you have been given here and apply it

the police will tell you it is what it is in reality, a civil matter which they cannot deal with as you are wasting their time. You have a business name and the agent's name on a contract they signed, yet you say you cannot find any evidence of how to contact him or whether he is still trading??? Post them on here, it will take someone 2 seconds to do it for you.

you are panicking because you phoned HMRC and they may now be aware of you, yet you thought you could get £24,000 tax free?

you need to get professional help from an accountant asap for your tax as you are so out of your depth and ability there is no way you can deal with this yourself.

I'll give you 10/10 for the "Turkish" idea

Well as you have probably gathered by now, yes I am out of my depth and no I did not know the ins and outs of what I am allowed to do as I stupidly trusted this person who seemed so genuine and who administered my first tenancy without any problems. I did not state anywhere that tax was supposed to be %40, that is the total deduction of 25 for 'tax' and 15 for agent. I have also told you that I was led to believe a large lump sum in one payment would incur more tax and this is why it had to be drip fed. I don't know the first thing about how this stuff works and had no idea there were different rules depending on where the landlord was residing, until now. I will obviously have to get SOMEONE involved but I am definitely going to the police first because fraud is criminal activity, please don't tell me that not only are tenancy agreements basically worthless for the landlord but also it's not fraud if your agent cheats you out of thousands and thousands of pounds and then disappears, because if it is then I might as well go and bloody shoot myself!

Guest101

higgledypiggledy_pop wrote: »

Well as you have probably gathered by now, yes I am out of my depth and no I did not know the ins and outs of what I am allowed to do as I stupidly trusted this person who seemed so genuine and who administered my first tenancy without any problems. I did not state anywhere that tax was supposed to be %40, that is the total deduction of 25 for 'tax' and 15 for agent. I have also told you that I was led to believe a large lump sum in one payment would incur more tax and this is why it had to be drip fed. I don't know the first thing about how this stuff works and had no idea there were different rules depending on where the landlord was residing, until now. I will obviously have to get SOMEONE involved but I am definitely going to the police first because fraud is criminal activity, please don't tell me that not only are tenancy agreements basically worthless for the landlord but also it's not fraud if your agent cheats you out of thousands and thousands of pounds and then disappears, because if it is then I might as well go and bloody shoot myself!

It's not fraud, it's a civil matter.

lovinituk

higgledypiggledy_pop wrote: »

I will obviously have to get SOMEONE involved but I am definitely going to the police first because fraud is criminal activity, please don't tell me that not only are tenancy agreements basically worthless for the landlord but also it's not fraud if your agent cheats you out of thousands and thousands of pounds and then disappears, because if it is then I might as well go and bloody shoot myself!

If he's disappeared with your money then yes its probably fraud. Don't expect the police to do much though, their resources are stretched enough as it is. Unless you get lucky, don't expect more than a crime number and/or the suggestion to log it with Action Fraud.

leslieknope

00ec25 wrote: »

your initial statement was that the agent is holding back 25%. When we pointed out the tax rate is 20% you (briefly) changed it to 20%. I now note it has risen to 40%.

TBF, the OP said they were taking 25% for tax and then 15% for 'managing' the property :rotfl:

i'm only giving thwm 6/10. the recycled chocolate orange & dead dog in garden were so much better.

lovinituk

Guest101 wrote: »

It's not fraud, it's a civil matter.

Well it could be fraud, but the police are unlikely to do anything.