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My landlord might be non-resident

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  • edited 17 September 2019 at 2:45PM
    eddddyeddddy Forumite
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    edited 17 September 2019 at 2:45PM
    tim124 wrote: »
    He has a French mobile number so it's I don't think it's a long casual holiday.

    FWIW, I know of 2 separate 'semi-retired' LLs who make sure they spend a minimum of 6 months in the UK - in order to maintain UK residency.

    They spend the rest of the year in their foreign second homes. They have foreign mobiles, foreign landlines, foreign addresses, foreign bank accounts, and one of them drives their foreign registered car when abroad.

    But they are still UK residents. So be a little careful about jumping to conclusions.
  • theartfullodgertheartfullodger Forumite
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    Bloody UK citizens: Going over there, spending our UK money...
  • eddddy wrote: »
    But they are still UK residents. So be a little careful about jumping to conclusions.

    Yep, I barely managed to keep my residency coming backwards and forwards over a number of years but I was paying more tax by being a UK resident so it was not even in their interest to check!

    I have no intention of causing issues for him at this point, I just don't want to be held liable for what amounts to over £4k a year in tax, simply because I rented a property. Once the year goes on we'll have a better idea of how useless he's been and how much or little he's been in the UK and can take it from there. I can always withhold the last few months rent to cover it. If it turns out we have to pay the money I'll take him to court over that plus the not securing the deposit within 30 days, plus costs!
  • edited 17 September 2019 at 3:03PM
    00ec2500ec25
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    edited 17 September 2019 at 3:03PM
    tim124 wrote: »
    He has a French mobile number so it's I don't think it's a long casual holiday.



    There's a £300 fine for late filing every quarter plus the tax also?

    All great suggestions that I'll certainly do when I move out, but as I said, I'd prefer not to be evicted at the end of the tenancy.

    I will email him to start and ask him to confirm.

    It's just seems crazy that it's the tenants liability to sort out collecting tax for a landlord!
    what is the outcome you are seeking to achieve now, not later?

    fight your battles with a clear idea of what comprises victory for you... so far you seem to have read the NRL but actually taken in what it tells you and have done nothing about it

    1. your LL has given a UK address for the serving of notices. It does not appear to be a letting agent operating as a formal business, so that "contact person" does not remove your responsibility to follow the NRL process. Nonetheless, you must use it to write to the LL when you want to serve a notice.

    2. The NRL does not require you to establish the tax status of the LL - that is none of your business.

    3. The NRL does require you to:
    Either a) obtain confirmation (in writing - ie on paper, not email) from HMRC that rent can be paid gross and send HMRC an annual statement of what you paid
    Or b) deduct and pay over the tax yourself.

    You do not have any alternatives for that battle. One involves finding out the definitive answer, the other involves annoying the LL if he is entitled to gross rent. Which one is victory for you?

    https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad
    Tenants
    If your landlord lives abroad and you pay over £100 a week, you need to register with HMRC and deduct tax from your rent.

    You also need to register with HMRC if you pay a UK representative of your landlord, such as a friend or family member, who isn’t a letting agent.

    You don’t need to deduct the tax if HMRC has told you in writing that the landlord can receive the rent with no tax deducted, but you must still register with HMRC and complete an annual report.
  • I've read the entire thing and it clear, but some of the facts are not clear
    If your landlord lives abroad...

    I don't know if my landlord lives abroad and it doesn't say "if you suspect or have reason to think your landlord might live abroad".
  • sal_IIIsal_III Forumite
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    No need to play detective, checking deeds and mortgage type and what not, unless your relationship has soured (which doesn't look to be the case) and you are looking for "ammo".

    I would imagine a simple e-mail confirmation from your LL that he spends 6m+ in the UK and is still considered UK resident for tax purposes should suffice to get HMRC off your back in the unlikely scenario they ask you to back pay tax. Call HMRC and ask them what they accept as proof to let you off the hook, to be on the safe side.
  • eddddyeddddy Forumite
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    tim124 wrote: »
    I've read the entire thing and it clear, but some of the facts are not clear



    I don't know if my landlord lives abroad and it doesn't say "if you suspect or have reason to think your landlord might live abroad".

    As already explained, you ask your LL if they are non-resident.

    And if you have serious doubts, phone HMRC.
  • sammyjammysammyjammy Forumite
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    A red flag for me would be that his post so coming to your house and the letters seem angry and urgent!
    "You've been reading SOS when it's just your clock reading 5:05 "
  • edited 17 September 2019 at 3:35PM
    00ec2500ec25
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    edited 17 September 2019 at 3:35PM
    tim124 wrote: »
    I've read the entire thing and it clear, but some of the facts are not clear

    I don't know if my landlord lives abroad and it doesn't say "if you suspect or have reason to think your landlord might live abroad".
    then what the blue blazes are you trying to achieve?

    write to HMRC and get a definitive outcome
    - they write back and instruct you to pay gross
    - they write back and ask for more details
    - they write back and tell you to deduct tax

    you seem determined to escalate what is a very easily solved matter

    read chapter 11
    11.11,
    11.12, &
    11.19
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/502842/nrl_guide_notes.pdf
  • 00ec25 wrote: »
    you seem determined to escalate what is a very easily solved matter

    !!!!!!. It's almost like you didn't read all the concerns I listed in my first post about not wanting to be evicted after the fixed term and not wanting to sour the relationship so early. I've also clearly explained that I want to do everything possible first before escalating the matter.
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