robbo99.:
So once again for the benefit of Conor, a private landlord who owns a rental property in their own name and whose main income is not from rental income is NOT required to operate as a business/company. They are a private landlord.
I hate to pull you up again Conor but there are actually 5 documents that a landlord MUST furnish the tenant with prior to renting out the property and not just the 3 you stated. The 2 other legally required documents are the electrical certificate and a draft copy of the Assured Shorthold Tenancy Agreement. Do keep up.
robbo99.:
So once again for the benefit of Conor, a private landlord who owns a rental property in their own name and whose main income is not from rental income is NOT required to operate as a business/company. They are a private landlord.
I hate to pull you up again Conor but there are actually 5 documents that a landlord MUST furnish the tenant with prior to renting out the property and not just the 3 you stated. The 2 other legally required documents are the electrical certificate and a draft copy of the Assured Shorthold Tenancy Agreement. Do keep up.
Unlike you I have a life, certainly one not so sad as to bring up a conversation that was over more than 2 weeks ago. The difference between me and you is I also bother to go do some actual checking from the official source instead of taking what some random person says on the internet as gospel just because it disagrees with someone I don’t agree with…saves you looking like a complete moron.
If you go to the government website on eviction notices it mentions only the three documents I stated.
You also cannot use a Section 21 notice if you have not given the tenants copies of:
the property’s Energy Performance Certificate
the government’s ‘How to rent’ guide
a current gas safety certificate for the property, if gas is installed
You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.
You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.
No mention of the electrical safety certificate or copy of the tenancy agreement.
Unlike you I have a life, certainly one not so sad as to bring up a conversation that was over more than 2 weeks ago. The difference between me and you is I also bother to go do some actual checking from the official source instead of taking what some random person says on the internet as gospel just because it disagrees with someone I don’t agree with…saves you looking like a complete moron.
If you go to the government website on eviction notices it mentions only the three documents I stated.
You also cannot use a Section 21 notice if you have not given the tenants copies of:
the property’s Energy Performance Certificate
the government’s ‘How to rent’ guide
a current gas safety certificate for the property, if gas is installed
You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.
You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.
No mention of the electrical safety certificate or copy of the tenancy agreement.[/quot
The 5 items are required to rent a property out, without them it is not lawful to rent a property, so your banging on about evictions not being legal without your 3 mentioned items makes for nonsense. Without the 5 items I made mention of at the start of tenancy agreement then rental is unlawful and a section 21 would be unenforceable. I’m still waiting for you to convince me that a private landlord does not exist.
As you do your checking on these subjects then I suggest you check out the facts on private landlords. I think you will find the exact criteria I have already supplied you with makes one a private landlord.
As I am a private landlord, I can assure you that I am in a far better position than yourself to know the rules.
Conor:
What 12 month limited contract option? I think you’ve made that up. The only thing there was and it only worked for a limited time was if your photo licence was due for renewal before your 45th birthday you could renew your licence and it’d extend the date you needed a medical. However as yours has expired that’s not an option for you. Simply put no current medical, no valid HGV licence, no drivey HGVs.
You can get medicals done for a whole lot less than £130. There’s one place in my area doing them for £60
To make matters interesting my landlord’s selling up and l need to vacate mid November
No you don’t. They’d like you to but ultimately they can’t force it. If you’ve got nowhere to go then stay put. Even if they’ve issued you with a Section 8 or Section 21 notice when that expires you don’t have to leave. They’ll then have to go to court for a repossession order which can take several months depending on how busy the county court is. When that date comes you still don’t have to leave. They then have to go back to court for a warrant of execution. again this can take months depending on the workload of the court, and only on that date do you have to leave because bailiffs can remove you.
That’s assuming that they have an enforceable notice in the first place. With a Section 21 no fault notice if they didn’t give you an Energy Performance Certificate AND a current gas safety certificate AND the current copy of the Government “How To Rent” booklet then they can’t issue a Section 21. The one that most landlords tend to forget to give tenants is the government how to rent booklet. If they’ve not given you those three things they’d have to give you them then give you a fresh Section 21 giving a fresh 2 month period.
stu675:
Would you 2 be able to agree, not whether a private landlord does or doesn’t exist, but that it has no meaning in law, i.e. nothing is different?
I’m scratching my head as to how a landlord in the private sector, whom doesn’t fit the criteria to form a company or set up as a sole trader isn’t classed as a private landlord. Maybe they should be classed as a catering assistant or an astronaut. Legal terminology or not there are a plethora of professional websites involved in the rental sector that quite clearly refer to a private landlord as indeed a private landlord.
stu675:
Would you 2 be able to agree, not whether a private landlord does or doesn’t exist, but that it has no meaning in law, i.e. nothing is different?
I’m scratching my head as to how a landlord in the private sector, whom doesn’t fit the criteria to form a company or set up as a sole trader isn’t classed as a private landlord. Maybe they should be classed as a catering assistant or an astronaut. Legal terminology or not there are a plethora of professional websites involved in the rental sector that quite clearly refer to a private landlord as indeed a private landlord.
I mean it’s just a journalistic term. Everyone understands what it means. But it doesn’t give or remove any responsibility compared with any other type of landlord. So it is both descriptive and meaningless.
P.s. I don’t think there’s any criteria to incorporate, just a choice to do it.
stu675:
Would you 2 be able to agree, not whether a private landlord does or doesn’t exist, but that it has no meaning in law, i.e. nothing is different?
I’m scratching my head as to how a landlord in the private sector, whom doesn’t fit the criteria to form a company or set up as a sole trader isn’t classed as a private landlord. Maybe they should be classed as a catering assistant or an astronaut. Legal terminology or not there are a plethora of professional websites involved in the rental sector that quite clearly refer to a private landlord as indeed a private landlord.
I mean it’s just a journalistic term. Everyone understands what it means. But it doesn’t give or remove any responsibility compared with any other type of landlord. So it is both descriptive and meaningless.
P.s. I don’t think there’s any criteria to incorporate, just a choice to do it.
Ok so I will repeat what I stated in a previous post on this subject. If a person rents out a property and that property is in their own name of ownership and if income from the rental is not that person’s main source of income then that person has no requirement to set up a company or operate as a sole trader. They are a private landlord.
The income in the above case is generated from an investment, ie the rental property, it is not a business, income received from the rental is declared by way of self assessment. The property part of the self assessment form clearly asks for any income received from rental property. My self assessment is in my name, not a company name or any other name for that matter.
A private landlord does indeed exist, there are other criteria that also determine what makes a private landlord but the above are the important ones for keeping on the right side of HMRC.
In the news today, a delay in scrapping section 21 no fault evictions, that could mean years before it is scrapped. And people believe everything the government say lol.
robbo99.:
then that person has no requirement to set up a company or operate as a sole trader. .
There is never any requirement. Joe Bloggs or a landlord as big as British Land could operate as a company or a sole trader as they wish.
Going around in circles here. Why not read the posts thoroughly from start to finish, you might just get the gist of what has been said already and save yourself posting comments that have already been addressed.
robbo99.:
then that person has no requirement to set up a company or operate as a sole trader. .
There is never any requirement. Joe Bloggs or a landlord as big as British Land could operate as a company or a sole trader as they wish.
Going around in circles here. Why not read the posts thoroughly from start to finish, you might just get the gist of what has been said already and save yourself posting comments that have already been addressed.
Conor:
What 12 month limited contract option? I think you’ve made that up. The only thing there was and it only worked for a limited time was if your photo licence was due for renewal before your 45th birthday you could renew your licence and it’d extend the date you needed a medical. However as yours has expired that’s not an option for you. Simply put no current medical, no valid HGV licence, no drivey HGVs.
You can get medicals done for a whole lot less than £130. There’s one place in my area doing them for £60
To make matters interesting my landlord’s selling up and l need to vacate mid November
No you don’t. They’d like you to but ultimately they can’t force it. If you’ve got nowhere to go then stay put. Even if they’ve issued you with a Section 8 or Section 21 notice when that expires you don’t have to leave. They’ll then have to go to court for a repossession order which can take several months depending on how busy the county court is. When that date comes you still don’t have to leave. They then have to go back to court for a warrant of execution. again this can take months depending on the workload of the court, and only on that date do you have to leave because bailiffs can remove you.
That’s assuming that they have an enforceable notice in the first place. With a Section 21 no fault notice if they didn’t give you an Energy Performance Certificate AND a current gas safety certificate AND the current copy of the Government “How To Rent” booklet then they can’t issue a Section 21. The one that most landlords tend to forget to give tenants is the government how to rent booklet. If they’ve not given you those three things they’d have to give you them then give you a fresh Section 21 giving a fresh 2 month period.
robbo99.:
then that person has no requirement to set up a company or operate as a sole trader. .
There is never any requirement. Joe Bloggs or a landlord as big as British Land could operate as a company or a sole trader as they wish.
Going around in circles here. Why not read the posts thoroughly from start to finish, you might just get the gist of what has been said already and save yourself posting comments that have already been addressed.
Exactly [emoji3]
So I’m assuming you’ve had a good read of previous posts?
A private landlord is not a journalistic term, it applies to certain landlords.
If a landlord’s rental income is their only or majority source of income and said landlord rents out properties then the landlord is operating a business and sole trader or incorporation is a requirement. Of course many “landlords” don’t inform HMRC of their status by way of self assessment and do as they like.
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
stu675:
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
stu675:
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
I am sure you well know the answer to that and I will confirm it, exactly the same responsibilities, (that is the legitimate ones).
In my case I am not a sole trader or indeed do not have a company. The income from my rental is deemed to be investment income, I have no wages from my rental, renting is not my only source of income, I have income from employment which is my main source of income. I own the one property with no mortgage and have absolutely no intention of owning anymore…I am a private landlord.
stu675:
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
And I forgot to mention, I don’t pay a rip off letting agent to manage my property. Further proof that I am a private landlord.
stu675:
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
And I forgot to mention, I don’t pay a rip off letting agent to manage my property. Further proof that I am a private landlord.
Managed to find a place thank god but there’s an awful lot of folks l know who are getting marching orders currently here chez Isle of Wight and elsewhere and the name ‘Liz Truss’ keeps popping up in terms of instigating this situation with some tax tinkerings whereby landlords are even paying to keep their tenants in situ let alone not turning some kind of profit very bizarre?
stu675:
Ok, maybe you could explain the difference between a private landlord and a landlord operating as a sole trader and the different responsibilities on them?
And I forgot to mention, I don’t pay a rip off letting agent to manage my property. Further proof that I am a private landlord.
Managed to find a place thank god but there’s an awful lot of folks l know who are getting marching orders currently here chez Isle of Wight and elsewhere and the name ‘Liz Truss’ keeps popping up in terms of instigating this situation with some tax tinkerings whereby landlords are even paying to keep their tenants in situ let alone not turning some kind of profit very bizarre?
Not enough rental properties to start with, higher interest rates and government dictating how a landlord/private landlord can’t use a non fault eviction to evict a tenant, (though this has been put on hold). The latter point is a perfect case of the tail wagging the dog.
very bizarre?