A UC thought.

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    A UC thought.

    As a struggling LL, I am on Tax Credits, not a lot but every bit counts. Eventually I'll be on UC and as a self employed person will be subject to the Minimum Income Floor (MIF). If a tenant pays early (and some do) or late (and many do) it will affect my MIF and therefore my UC entitlement.

    Would it be an unfair 'terms and conditions' to put in the TA that the T will be liable for any UC I lose due to their early or late payments?

    #2
    A) it looks like a penalty charge (which isn't legal) and b) it's unlimited and not in the control of either party - which makes it uncertain, which wouldn't/shouldn't be allowed.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Try these for general info
      https://www.citizensadvice.org.uk/be...self-employed/
      &
      https://www.gov.uk/self-employment-and-universal-credit
      &
      https://www.moneyadviceservice.org.u...-self-employed

      Can't see any such clause being enforceable: (i.e. no deposit scheme would swallow it, and I doubt any small-claim would rule in your favour). There are risks in all businesses, sadly.

      Maybe inform Parliament here
      https://www.parliament.uk/business/c...d-forum-17-19/
      I doubt that clown Iain Duncan Smith and his chums thought about this as they seemed to fail to consider almost anything beyond the very simple and straightforward.

      Sounds like you're having a "challenging" time: Sorry, sympathy!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Now why would my last post suddenly go "Unapproved"
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Do the UC people not accept accruals basis accounts? The rest of government seems to prefer them.

          Comment


            #6
            I agree with jpk. What "extras" a tenant has to pay cannot depend on the personal circumstances of the landlord.

            Whilst technically paying rent early is a breach of contract because it has not been paid on the due date, no court is going to award damages for early payment. As to late payment, the position has to be the same for all tenants. Very roughly, anything above what the landlord could earn by investing the money is going to be a penalty.

            Comment


              #7
              Originally posted by leaseholder64 View Post
              Do the UC people not accept accruals basis accounts? The rest of government seems to prefer them.
              No - and this is where part of the problems with self-employed (SE) on UC starts. Lets say the UC give me a MIF of £1000 per month. Accounts have to be submitted monthly. If T doesn't pay in month 1 I will fail to reach MIF and my SE will be non-viable and I'll have to look for extra work. If the T then pays in month 2 I will go over the MIF and lose any or part of my UC.

              In the recent past one of my Ts on UC had a change of circumstances and got no UC for nearly 5 months then suddenly got a huge wad and paid the rent.

              Comment


                #8
                Originally posted by theartfullodger View Post
                Now why would my last post suddenly go "Unapproved"
                Did you swear? Try again

                Comment


                  #9
                  Hmmmmm perhaps rent paid weekly rather than monthly might help.

                  Comment


                    #10
                    Sounds like a nightmare! I would guess you would just record the rent as if it had been received and continue in the normal process of chasing debts.

                    I guess UC have a help desk, but I bet they won't know what to do either. Anyway, relax for the mo - its not UC yet and it might not happen if everyone prays hard.

                    Comment


                      #11
                      Originally posted by Claymore View Post
                      Sounds like a nightmare! I would guess you would just record the rent as if it had been received and continue in the normal process of chasing debts.
                      That's accruals basis accounting, which Berlingogirl say that the UC people won't accept, whereas HMRC prefer it, and insist on it for companies.

                      Comment


                        #12
                        Self employment with an irregular income is a recognised problem with UC.

                        (TBH although replacing 6 benefits most of UC seems set up as if it was for unemployed Jobseekers only).

                        You might be interested in these 3 (short) threads on Rightsnet, (a forum for benefits advisors):
                        https://www.rightsnet.org.uk/forums/viewthread/12487/
                        https://www.rightsnet.org.uk/forums/viewthread/11922/
                        https://www.rightsnet.org.uk/forums/viewthread/12302/

                        That last one refers to this Works & Pensions Select Committee inquiry into the problem of SE and irregular income.
                        https://www.parliament.uk/business/c...vidence-17-19/

                        Comment


                          #13
                          My post just went unapproved as well. Although that's probably because I had 4 links in there.

                          Maybe the spam filters have been tightened up?

                          Comment


                            #14
                            Originally posted by leaseholder64 View Post

                            That's accruals basis accounting, which Berlingogirl say that the UC people won't accept, whereas HMRC prefer it, and insist on it for companies.
                            That's a problem UC and HMRC don't accept the same accounting.

                            Leaseholder - you don't . don't , don't want to investigate UC and the SE (bet you do though!).

                            Comment


                              #15
                              Claymore,

                              It IS a nightmare. If any LLs are claiming tax credits join FB sites - UC and the SE etc and see the devastation UC has caused.

                              Comment

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