Test for lodgers or tenants

Beeper

HampshireH wrote: »

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.

Just to clarify- when you say ‘done to benefit you’ and ‘suited you while you were there’, you mean when I was worried about getting served notice at the end of 6months for asking my landlady to pay tax, and then have to find somewhere else to live in between 45hr work weeks at a new job and struggling to provide a reference that would be inevitably asked for?

zagubov

Beeper wrote: »

Just to clarify- when you say ‘done to benefit you’ and ‘suited you while you were there’, you mean when I was worried about getting served notice at the end of 6months for asking my landlady to pay tax, and then have to find somewhere else to live in between 45hr work weeks at a new job and struggling to provide a reference that would be inevitably asked for?

OP, I think you were in a difficult situation. I also think if you wish to pursue this, we would all like you to send us a copy of your diet and exercise regime as you will need stamina, resilience and patience in almost superhuman proportions.

I can't see any comeback against your landlady that doesn't spray the brown stuff into your face and your ex-housemates. Not your fault, it's just set up like that - you're wearing clown shoes, and you're deffo running into the minefield.

You could (and maybe should) warn your successor about their predicament, How welcome and useful that will be for them is another story.

Beeper

HampshireH wrote: »

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.

zagubov wrote: »

OP, I think you were in a difficult situation. I also think if you wish to pursue this, we would all like you to send us a copy of your diet and exercise regime as you will need stamina, resilience and patience in almost superhuman proportions.

I can't see any comeback against your landlady that doesn't spray the brown stuff into your face and your ex-housemates. Not your fault, it's just set up like that - you're wearing clown shoes, and you're deffo running into the minefield.

You could (and maybe should) warn your successor about their predicament, How welcome and useful that will be for them is another story.

Thanks. I’m getting that feeling. I shall contact my ex housemate and try to contact the new housemates and see what’s what. Thanks

G_M

Assuming the set-uphas not changed, the current residents could:


* make the assumption that they are tenants and act accordingly
* protect their privacy by changing the locks thereby also preventing the LL staying over 1ce every 6 months (as tenants they have the right to exclusive occupation).
* ensure that any attempt at eviction is done according to tenancy law via a 2 month S21 Notice, served properly
* contest the validity of any S21 if there is no gas safety certificate. Or EPC. Or gov leaflet. Or protected deposit. Any one of those failures invalidates a S21 Notice
* report to HSE lackof gas certificate
* claim illegal eviction if attempts are made to evict other than via S21
* deduct 20% of the rent and set it aside in a separate account in case HMRC come asking for it. (write to the LL explaining this action and requesting evidence that HMRC have agreed she can receive the full rent)



The LL can either accept all the above, or contest. The courts would then decide whether the residents were lodgers, with few rights,or tenants, with many.


I suspect the LL would be reluctant to go to court as this would expose her to many potential issues.......

Tom99

The OP's question is valid, whether they decide to take any action now is up to them but the post/thread is not wasted because its helps other readers understand the issue.

Honeylife

Beeper wrote: »

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.

The most bizarre bit of all this is you the OP have never seen her tax returns (and of course you wouldn't its private) and have no idea whether she pays the correct sums to the HMRC but you have made the massive ASSUMPTION that she has not been paying tax or even the correct tax!

Look here is a tip, just stop looking backwards and griping at your former Landladys situation, think forward. A Resident Landlord should be living in the property and is allowed to be away from the property for reasonable breaks e.g.on holiday, short courses, business trips or family obligations. If it is a Resident Landlord you should be given a Licence Agreement. Otherwise, it is not a Resident Landlord, you are a Tenant and should be given an AST. Check on your status regards council tax and the Electoral roll.

She gave you notice and inconvenienced you in you having to find a new place to live whilst working 45 hours week. Most are in the same boat - e.g. a junior Dr working 70 hours weeks has to find time to find and secure accommodation too. Now you want to contact your former housemates and the new lodger to ask them to dob their landlady in too. Man, what are you on? If I was your former housemate I would not be jeopardising my accommodation for you (an ex-housemate) to get some kinda smug justice over on your former Landlady.

Honestly, you need to let this go mate, you missed the moment of being able to make a concrete complaint leading to an effective investigation. Just learn from it. Ask your new landlord if s/he pays the correct tax at the interview.

saajan_12

G_M wrote: »

* protect their privacy by changing the locks thereby also preventing the LL staying over 1ce every 6 months (as tenants they have the right to exclusive occupation).

disagree, being a tenant doesn't give them exclusive occupation of the whole property. Sounds like they are each renting a room in a HMO. As tenants, they individually have exclusive occupation of their room and can change the locks to their rooms, but the LL still has access to the 'spare room' if that's not let and communal areas.

martindow

The issue of tenants of overseas landlords being liable for tax often comes up on here. While that is the legal position, in practice do HMRC really take action against tenants in this situation?

G_M

martindow wrote: »

The issue of tenants of overseas landlords being liable for tax often comes up on here. While that is the legal position, in practice do HMRC really take action against tenants in this situation?

I suspect it's rare. Actual instances don't come up here.


But there are many areas of taxation, and law, where the rules are only enforced periodically.


That does not mean it is right, or 'OK', to ignore the law (or tax) in question, or that it might not be enforced in your case.