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Owner wants to pay sitting tenant to move out - tax help please

The new owners want me to move out. I’m a protected tenant who has been in in my flat since before 15 jan 1989. I know all my rights, he cannot evict me.

What I want to know is if I accept his money offer to leave do I have to pay tax on it bearing in mind this is my principle residence. I am getting conflicting advice.
Some say ‘no’ and others say I might have to pay capital gains tax?

Many thanks in advance if you can help.
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Comments

  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Contact CAB or HMRC for advice.
  • Marvel1
    Marvel1 Posts: 7,396 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How much are they paying you?
  • System
    System Posts: 178,284 Community Admin
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    They are paying around £100000. I am aware HMRC and c
    CAB can give advice. This is a complex matter for the help line.

    I’m looking for advice from someone who has done this or knows housing tax law.
    Kind regards
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Some say ‘no’ and others say I might have to pay capital gains tax?
    Are these sources of advice explaining their rationale to you?
  • System
    System Posts: 178,284 Community Admin
    10,000 Posts Photogenic Name Dropper
    My regular accountant believes it may be capital gains but this is not her area. I have a friend who believes because it’s my principle residence there is no capital gain and as it it not goods or services there is no income tax.
    I will look for professional help next week but would like to know if anyone has a definitive answer.
    I looking for answers not questions
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    The new owners want me to move out. I’m a protected tenant who has been in in my flat since before 15 jan 1989. I know all my rights, he cannot evict me.

    What I want to know is if I accept his money offer to leave do I have to pay tax on it bearing in mind this is my principle residence. I am getting conflicting advice.
    Some say ‘no’ and others say I might have to pay capital gains tax?

    Many thanks in advance if you can help.


    Hi There

    I have same tenancy as you been living in my Flat since 1985, Regulated by 1977 Rent act as amended.

    Been through 2 sales of the property where my flat is, Both new LL offered money to move out and I said No.

    The protection a protected tenancy affords me and succession rights is more important to me than any money a LL could offer.

    Just say No, but in the end the decision is yours, don't let the LL a force you into a decision you may regret later.

    One other point is your rent registered a fair rent with the the rent service now called VOA https://www.gov.uk/guidance/valuation-office-agency-and-housing-allowance

    You almost certainly be paying high rent than you pay know living somewhere else.

    Get back to use if you want any more advice on regulated tenancy going though two sales where I live, i've learnt alot


    45002
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • System
    System Posts: 178,284 Community Admin
    10,000 Posts Photogenic Name Dropper
    Thank you all for your comments however I am simply asking if anyone knows the tax situation.

    As I have said I know my rights as far as my tenancy goes.

    Kind regards
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Thank you all for your comments however I am simply asking if anyone knows the tax situation.

    As I have said I know my rights as far as my tenancy goes.

    Kind regards

    For £10,000


    Thats simple.

    Your be worst off in the end for sort term gain. IMHO

    Good luck...
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Clutterfree
    Clutterfree Posts: 3,679 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    45002 wrote: »
    For £10,000


    Thats simple.

    Your be worst off in the end for sort term gain. IMHO

    Good luck...

    I think they said it was £100,000!
    :heart: Ageing is a privilege not everyone gets.
  • They did :)
    They are paying around £100000.
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