Landlord selling my home

pinkshoes

Is the property managed on behalf of a letting agent? Who does your annual gas safety check etc...?


What do you actually WANT to happen? Are you happy to move to another private rental? Do you want the council to house you?

AdrianC

marleneb1 said:

No I was simply told my landlord had died and left his estate to his partner. She has visited the property on a couple of occasions. When I voiced my concern about continuing to pay rent into a deceased person's bank account, she said it was for tax avoidance.

Unfortunately, I'm unsurprised...

I think she will probably try to sell with us in the property but I think that might be difficult especially in the current climate.

It's her only option. There's almost certainly no way she will be able to issue valid s21 notice.

macman

OP, you said that your LL (or rather their representative on earth) has stated that they want to sell the property. But have they said whether they intend to sell it with vacant possession? If not, then nothing changes, you simply gain a new LL and your tenancy continues. You need to ask this, not assume it.
The real can of worms here is that you, as tenant, are fully responsible for the unpaid income tax on the rental since your LL decamped to Oz.
In practice, she is going to have to regularise the tenancy before she can serve valid notice on you, and given the potential number of statutory breaches that she is unaware of, that could take several years.
It's open to question as to whether you should start deducting the tax at source and paying it over yourself?

[Deleted User]

Has your rent increased much in the past 27 years? .  Is it a long way behind market rates?   What's happened in terms of redecorating and refurbishing the property over that period?

davilown

The real can of worms here is that you, as tenant, are fully responsible for the unpaid income tax on the rental since your LL decamped to Oz.

That’s assuming it was agreed - given that the LL has mentioned it already as a tax avoidance, then I suspect the tenant wouldn’t be liable. 

The LL is still able to file self assessments themselves online or via post.

davilown

Although as you know that the LL is deliberately avoiding paying tax, you should let the Tax office know.....

marleneb1

AdrianC said:

marleneb1 said:

Does it matter that I haven't had a tenancy agreement for the past 15 years? The landlord told me it was periodic from that point.

One question - since your landlord is/was not UK resident, do you withhold the income tax from the rent and pay it to HMRC on their behalf, or are/were they registered under HMRC's non-resident landlord scheme?
https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

No I was not aware this was my responsibility or that landlords had to do this. My original landlord had dual nationality I believe as he was born in the UK and emigrated to Australia a year after I moved into the property. His partner who now owns the property is Australian. She has said from the start that she was concerned about tax implications both in the UK and Australia.

marleneb1

pinkshoes said:

Is the property managed on behalf of a letting agent? Who does your annual gas safety check etc...?


What do you actually WANT to happen? Are you happy to move to another private rental? Do you want the council to house you?

The property was originally managed through a letting agent who collected the rent - she was an ex-partner of the landlord but she has now retired, although the account into which I pay the rent is in her and the landlord's joint names
What I actually want to happen is to remain in my home, peacefully, for the foreseeable future.

theartfullodger

marleneb1 said:

............His partner inherited the property on his death 5 years ago, although I still pay the rent into a bank account in his name!

Unless partner served s48 & s3 notice(s) then there is no rent due (!!) and she is liable to fines and criminal record.

And as she was in Australia they would have to give two different addresses, one in England or Wales (s48 - for rent to be due), and her ACTUAL address in Australia (s3).

You ain;t being evicted for probably 12+ months in any circumstances.   Wait and see if she formally serves an s21 or s8 notice  (start of formal eviction process) then 'phone Shelter **FREE** helpline 0808 800 4444 and see what they advise.

I suspect given the age of the tenancy, likely lack of paperwork she may have, she would have major problems evicting you anyway.

However, thanks to Thatcher's 1988 Housing Act 1988 Section 21, if landlord does get all paperwork sorted, she can evict for no reason at all.

If she offers you a new tenancy - possibly at reduced rent - DON'T agree or sign.  She'll be trying to get paperwork perfect so she can then evict.

Evil, wicked landlords!!

Good luck!

Artful, Landlord since 2000

marleneb1

Poster_586329 said:

Has your rent increased much in the past 27 years? .  Is it a long way behind market rates?   What's happened in terms of redecorating and refurbishing the property over that period?

There have been regular rent increases, the latest takes my rent to just below market rates as the property is in substantial need of updating, ie kitchen and bathroom been the same for at least 30 years. There is damp in all rooms. The landlady acknowledged when she last increased the rent that the property "isn't a palace" but that she needed the increase to cover the replacement doors and windows she'dbeen forced to install.
I now pay £1075 per month. My son does all the decorating and minor works/refurbishment.