AST renewed in 2005 but rent increase unimplemented

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    AST renewed in 2005 but rent increase unimplemented

    Hi, just about to issue a section 21. I have made two AST agreements with my tenant, one in 2003 and another in 2005. The problem is that I carried on charging him the rent on the 2003 agreement which was lower than the 2005 agreement. Also he has claimed housing benefit this year still using the 2003 AST agreement. So the 2005 agreement has not been strictly followed or used but it exists. Which AST would be best to send to the courts to obtain possession? Many thanks.

    #2
    when you fill out a possession order form for the courts, you should provide both yr AST agreements. if you only show yr 2003 AST, it might invalidate it if the tenant shows the 2005 AST.
    if you have both signed the 2005 AST stick to that as its more current.. and if you have both signed it you should have been charging the rent stated on that.

    Comment


      #3
      Originally posted by philip benham View Post
      Hi, just about to issue a section 21. I have made two AST agreements with my tenant, one in 2003 and another in 2005. The problem is that I carried on charging him the rent on the 2003 agreement which was lower than the 2005 agreement. Also he has claimed housing benefit this year still using the 2003 AST agreement. So the 2005 agreement has not been strictly followed or used but it exists. Which AST would be best to send to the courts to obtain possession? Many thanks.
      He cannot have two ASTs, can he? Surely, the 2005 one impliedly terminated the 2003 one. At least T has been claiming only re the [lower] rent of 2003, so no fraud. The 2005 AST is therefore valid, even if not fully followed; whyever did you get into this pickle?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        Originally posted by jeffrey View Post
        whyever did you get into this pickle?
        Thanks for replies.

        Good question, Jeffrey, I'm just unprofessional in my landlord approach. I issued the second AST in 2005, the tenant was in low paid job so I changed my mind and decided to let him carry on paying the lower rent. I was out of the country for several months this year, in my absence the tenant applied for housing benefit with the 2003 AST because he had lost his copy of the 2005 AST.

        Comment


          #5
          As you were out of the country did you consider you might have to register with HMRC overseas so that your tenant would legally have to deduct basic rate tax from the rent before he gave it to you? It depends whether you paid UKIT on your earnings or were paid abroad.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            Hi Paul, I didn't work abroad though even if i had been working i wouldn't have known that I had to make such an arrangement. It's quite possible that i will be working abroad in the future, does the tenant have to deduct basic rate tax from the rent then he is responsible for passing it on to the taxman? cheers phil

            Comment


              #7
              Contact HMRC Overseas Division - you can access the information from their website where it's all explained, or alternatively contact your local Tax Office.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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