toys19
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Everything posted by toys19
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Yeah so funnily enough our solic has just had a reply asking if we would be prepared to discuss an offer. Which was probably all I wanted all along, I don't expect a brand new boiler for free, but then I don't expect to have to replace the existing boiler the day I take possession. If I got half the money back I would be happy. We are drafting a reply asking for their offer.
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An update - I have a new lawyer, they think we may have a case due to the form TA6 Property Information form. Section 12.3 question C. This is potentially misrepresentation. Letters have been sent... And the gas safe issues, they agreed with you guys, its not a problem between me and the engineer, its between the vendor and the engineer.
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I am a bit peeved with our conveyancer as she has just told us to pay for litigation and is not prepared to help. We purchased our house 3 weeks ago. Prior to purchase the vendor sent on in date Gas Cert. However on completion my gas safe reg engineer inspected the boiler and condemned it for 2 reasons. 1) The vertical flue was 300mm from a wall directly under a window. In fact the open window (a top hung DG unit) created a hood which funnelled flue gas back into the property! 2) The boiler was leaking form several manifolds, the cylinder had perforated and was a write off. I would have been happy to repair the boiler and re-flue but the model was 8 years old and there were no flue options to fix it. The Gas Safe engineer who signed it off should never have done so. It is clear he did not inspect the flue arrangement, or if he did, he ignored it. So we installed a new boiler at 3.5k cost. Do we have a leg to stand on to recoup costs from the vendor? Vendors solicitor initial reply was - your argument is with the gas safe engineer.
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Working abroad and tax & entitlements whilst away when you get back.
toys19 replied to toys19's topic in Benefits and HMRC
Sorry your reply makes me wonder if my OP made any sense, apologies for not being clear. I will be paying full french tax from day one as french tax payer. That I do not have a problem with. 1) I want to know firstly is if I have paid tax on my french income, when I bring that back to the Uk, ie change my wages into pounds and put it in a UK bank account, will I have to pay any more tax in the UK? 2) I am not concerned about healthcare in France, I have that covered. I am concerned about entitlements when I come home to the UK. Eg do you lose them if you stay away for too long? -
Working abroad and tax & entitlements whilst away when you get back.
toys19 replied to toys19's topic in Benefits and HMRC
Well for me it will be feb19 until minimum july 2020. The kids will come over in the summer in time to start school until july 2020 also. Then we need to make a decision to stay or come back as the older one will be heading towards GCSES. Its a permanent job and I have wanted to move there for ages, I know the area and have lots of friends and colleagues there already. (edit -that is as long as we all like it, I kinda have until june to be sure, then we have to make major decisions about kids and renting out our house etc.) -
There is a possibility of a job in Europe for me. Yay... I have dual brit and irish nationality, so no brexit worries about visas etc. I guess there are two scenarios - if brexit happens or if it doesn't happen... I suppose if it does happen I should consider it as worst case - it would be the same as going to some non EU/Non commonwealth country. If it doesn't happen, I still do not understand the current rules. They want to pay me via the french tax system, it will be full time, I have seen the income projection and tax etc and I am happy with it. I will still declare a self employed income in the UK due to small consultancy jobs and my small rental portfolio. also approx 60k a year. (30k each between me and wife) I am deeply confused about lots of stuff. 1) If I pay french taxes as Irish me do I have to pay any more tax on any euros I might bring back to the uk? 2) Will it have any bearing on my self employed income in the uk? 3) Will being away for any period effect my entitlement to NHS services and future state pension? Or anything else? will the kids be allowed back into UK state schools etc? And is there anything else I should be aware of? Like I know I will have a driving licence problem to solve as mine is UK.
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T4 has told the WC, they don't care.
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As a landlord I am continuously surprised at what tenants will allow them selves to be conned into, this tale hurts my sense of fair play to tenants and I hope you guys can help. My friend is the 4th tenant T4, in a shared flat above a shop in south London (shop also owned by LL). It seems to be on individual contracts. The LL assigned my friend T4 with the responsibility of paying the metered supply water bill to the water company (lets call them WC as I am not sure who they are as yet). She calls WC and they arrange 1/4ly DD of £300. Although they did not change the name on the bill it remains the name of the previous tenant even though now T4 is paying the DD and collecting the other shared contributions from the T1, T2, and T3 At some point it is discovered that the shop below, with a loo and a kitchen, are on the same meter, and that the WC has them on a commercial rate. T4 asked the WC to come and see what was up and they confirmed single meter, commercial rent, and that meter had not been read correctly since june2018 and they in fact owe 2K in back charges. So T4 and her pals have been paying the water for the shop since June last year, the LL knew this but did not tell T4 or her buddies. They have spoken to resolver who have said because the water comes in via the shop, then they must pay commercial rates - its about twice what a normal water bill should be - now I think resolver probably cannot think outside the box here... Anyway what to do? I am tempted to advise T4 to just stop paying and give the WC the LL name and address as the bill payer. I feel like LL has committed a fraud by a) not telling them they were paying for the shop, and b) not paying to have a 2nd supply added to the flat. T4 is moving out at the end of April 19 and wants to try and resolve it so that she does not have to pay these ridiculous water charges. WC seem ambivalent, (as you would expect, they are making the dough right now) LL said tough **** sort it out with shop below. T's 1-3 are spineless and my friend T4 is trying to sort it out. Any advice?
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Well yes. It might be worth a try but legal possesion is key right now.
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The small claim is a secondary problem. Right now they want to gain legal possession and move on. I think it looks like "implied surrender" but as yet LL has not been able to get the keys.
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5 months into a 6 month AST, they are over 2 months in arrears. LL knocked on the door last night and the house is empty. All of their stuff is gone. Tenant unresponsive by phone has blocked numbers etc. Questions: 1) What to do about what seems to be surrender of tenancy? LL obviously wants to get in asap clean up and re-let, however I think ti is not as easy as that? I "think" that if we can get tenant to sign a "surrender of tenancy" form then that covers it? But I am unsure. 2) I assume small claims to recover the monies owed?
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Thank you steampowered for answering my question. I tried to add reputation but apparently I have given you some recently and it would not allow me to do so again. I will proceed as you said, that seems like a sensible approach. The deed of assignment does indeed include a line "This document is a DEED and has been executed as a DEED." I don't really want to upload the whole thing here as it is copyright of the NLA.
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I don't understand? I do let on a yearly basis - well 11 months, all occupants on joint and several AST.
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I meant to ask why you asked? FYI I am by no means an expert, I have learnt an awful lot over the years and have a kind of method/process that seems to work. Always looking for new and better ways to continue to make a success of it.
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Yup every year since 2001. When this has happened before it normally happens during the academic year so everyone is available to sign a deed of transfer. It has happened before the tenancy commenced a couple of times in the past, but they were all still around in halls, as they sign up during the academic year before, so we did a deed of transfer and it worked great.. This is the first time it has happened before the tenancy, and during hols when they are off travelling.
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I think it is very much my risk. This is about pragmatism/practicalities. They are much less likely to pay someone else rent, or at least they may put up a fight, then there is the risk of court or whatever, these things are not always cut and dried. I would prefer not to engineer a situation where I increase the chances of that happening, it could take months. The contract signed serves as a pressure to get everyone in line. I have been a landlord since 2001, I have lost the equivalent of a single tenants 2 months rent in 17 years being cautious and not allowing these situations to develop. I am not going to wade into a risky situation if there is a simple way round it. You may sleep well at night by feeling that you can just sue whoever but my experience of a couple of trips to small claims is that it is time consuming, costly and risky. So whilst I very much appreciate your concern to reply here, I would prefer to leave your advice aside for now and try to protect myself a little more deeply. I am hoping that someone may have experience of contract counterparts, it works for business, I wondered if there was any issue with using counterparts in a deed of trust.
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Yes, hence the reason why all of tenants want to get it signed before anyone arrives. It is about minimising risk. I do not want to be in a situation where I have to chase tenants to pay for someone else's rent, that is still a risk.
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Well the first joint T will be there on 1st day, others soon after, its the three others who are travelling. Plus resorting to voiding a tenancy is not my style, I don't find that approach constructive. We have all the pieces in place we all just want to get docs sorted asap. Do you know if my proposal to get separate signed copies will hold water?
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I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
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I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
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Late payment of tax on account due 31/07
toys19 replied to toys19's topic in Self Employment Issues and Questions
I was sent to this link https://www.gov.uk/hmrc-internal-manuals/self-assessment-legal-framework/salf303 Late payments on account are only due interest, not the associated charges so its no big issue. -
Late payment of tax on account due 31/07
toys19 replied to toys19's topic in Self Employment Issues and Questions
resolved now. -
Trying to help out my builder mate. He got his 16/17 tax return in on time with the help of his accountant, and had tax to pay on 31st Jan 2018, and then another payment on account is now due on 31st July. However he has cashflow issues and does not think he can make the 10k payment to HMRC until mid September, 7 weeks late. The accountant has just gone off on annual leave so he cannot get hold of him. What will happen?
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I was just about to submit the claim, I left it another 7 days - I checked this morning and they have paid the bill less any potential interest. Good enough. Thanks for all your advice.
