Test for lodgers or tenants

Beeper

00ec25 wrote: »

so this thread is an ENTIRE WASTE OF TIME then unless you can be bothered to do something honourable

https://www.gov.uk/report-an-unregistered-trader-or-business

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Its not an entire waste of time. I would like her to pay the correct tax and not claim to be an ‘accidental landlady’ and take it seriously. I would like to know what my options are for doing that.

nyc_451

So how come you didn't question it while you lived there? I am guessing it was a good deal and you enjoyed not having the landlady around?

G_M

Beeper wrote: »

You have no idea what her tax arrangements are though do you?

No, I admit I don’t. I’m merely pondering. The time toponder was really wile you were affected, not afterwards.

Then that was the time to challenge her. If you had refused to leave and insisted on 2 month notice via a S21, the lodger/tenant issue would have been highlighted, and resolved one way or another.

It wasn’t too much bother for me to leave so I didn’t raise or challenge it. As in life, other things more troublesome were happening so arguing this was quite low on my list of priorities.
and yet now, when it no longer matters to you, it is higher on your list?

If you were being illegally evicted (tenant with insufficient notice) you could have done something. Now it is much harder as there is no obvious claim to make.


If you wish to get a legal determination of the status of your occupation (tenancy Vs licence) you need a court decision.
An alternative would be to report her to HMRC for tax evasion. They might investigate, they might not. If they do, they might find she's evaded tax, they might not.

And if they investigate and find she has evaded, would I have to pay it?

Possibly under the rules I linked you to HMRC would make you pay. You could then sue her to reclaim it.


Another option would be a claim for the penalty of non ptotection of the deposit (3 times the deposit). You'd have to demonstrate to the court that

* you had an AST so the deposit was for a tenancy
* the deposit was paid to her
* the deposit was not protected


The court would then either agree with you, and award you the penalty,or disagree and you'd be left with the court fees.

Beeper

blue_mango wrote: »

So how come you didn't question it while you lived there? I am guessing it was a good deal and you enjoyed not having the landlady around?

No, it was market rate. There were a lot of other things happening.

Beeper

G_M wrote: »

Possibly under the rules I linked you to HMRC would make you pay. You could then sue her to reclaim it.


Another option would be a claim for the penalty of non ptotection of the deposit (3 times the deposit). You'd have to demonstrate to the court that

* you had an AST so the deposit was for a tenancy
* the deposit was paid to her
* the deposit was not protected


The court would then either agree with you, and award you the penalty,or disagree and you'd be left with the court fees.

Thanks. That useful information.

Beeper

So what I have garnered from this is I should have done something when I was there, which does make sense, and that it’s not worth doing anything now. I don’t think it’s as easy as people think it is to do those things in the moment, especially with the insecurity of private rental. I had moved to a new town, 100+ miles from anyone I knew, to start a new job. The fear of the consequences of rocking the boat can cloud ones judgement.

00ec25

Beeper wrote: »

Its not an entire waste of time. I would like her to pay the correct tax and not claim to be an ‘accidental landlady’ and take it seriously. I would like to know what my options are for doing that.

you have been told what your options are and been given links as to how to exercise them

on the other hand you have made plain you are not going to do anything.
QED, waste of time

G_M

Has the property been let to someone else? Perhaps a chat with the new occupant?


At least you can ensure he/she understands their rights/options under their current tenancy (or whatever it is).

Beeper

G_M wrote: »

Has the property been let to someone else? Perhaps a chat with the new occupant?


At least you can ensure he/she understands their rights/options under their current tenancy (or whatever it is).

Thanks, G_M. I hadn’t thought of that.

HampshireH

I'm not really sure what this has to do with you anymore.

Seems you were happy to have things done to benefit you when you were living there but now your not you want to grass your ex LL up for something you believe they have done wrong.

Don't get me wrong. She hasn't behaved in the manner a LL should & I don't condone not paying taxes if that is what is happening. BUT it suited you while you were there.

Acting now just looks spiteful.