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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to seek a legal advice from you regarding.

Resolved Question:

Hello,
I would like to seek a legal advice from you regarding. Rent.
I am renting a flat with 3 bedrooms since 2008. Since there are extra rooms, I invited somebody to share with me to pay for the flat rent, and the payment of electric, water, gas, TV rights and related bills. The owner of the flat learned this later on but he did not object to it and we continue with the flat sharing scheme to date.
Due to some misunderstanding, I ask my flatmate to vacate the room after giving due notice. The landlord intervene and from Feb 2015 my flatmate is now renting directly to the landlord. Now, he is again my flatmate but directly renting to our landlord. He is demanding from me to provide a receipt of room rent payment from Dec 2009 to Jan 2015. I would like to seek legal advice if I am still under obligation to provide him the requested receipt and the proper wording for the receipt as this document may incriminate me or use against me in the future. The rent is not for profit but to reimburse flat rent and utiliy bills.
Please let me know If I need to pay legal fees and how much. I will provide you more details as soon as I received your reply by return e-mail
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What sort of tenancy agreement do you have please?
Customer: replied 2 years ago.

Assured Short hold Tenancyas defined in Section 19 A of the Housing Act 1988 as amended by housing act 1996

Expert:  Ash replied 2 years ago.
Ok, on what basis can the Landlord let the room out if you have an AST?
Customer: replied 2 years ago.

Actually, I understand that the landlord cannot let the room out. But I did not question it because the landlord would like to help so that this flatmate should leave the flat with in 6 months from Feb.

My concern now is He is demanding from me to provide a receipt of his room rent payment from Dec 2009 to Jan 2015. I would like to seek legal advice if I am still under obligation to provide him the requested receipt and the proper wording for the receipt as this document may incriminate me or use against me in the future. The rent is not for profit but to reimburse flat rent and utility bills.

Worst comes to worst that he insisted to provide him with receipts, is it right for me to use this wording: RECEIVED THE SUM OF 0000 from mr. x AS SHARE IN THE RENT OF THE FLAT AND UTILITY BILLS LIKE GAS, ELECTRIC, WATER, INTERNET AND TV RIGHTS FOR THE MONTH OF........ IS THIS WORDING CORRECT OR PROVIDE ME THE NECESSARY WORDINGA as this document/receipt may incriminate in the future like Tax on rent...The rent is not for profit.

Expert:  Ash replied 2 years ago.
If you accepted money from him then yes, you are required to give him a receipt. You are NOT required to provide receipts for gas electric etc.
All you need to say is that you have received £x for the period Dec 09 - Jan 15 for rent to cover household bills.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

CAN I USED THIS WORDING IN THE RECEIPTS:

RECEIVED THE SUM OF 0000 from mr. x AS SHARE IN THE RENT OF THE FLAT AND TO COVER UTILITY BILLS FOR THE MONTH OF ___.

AS TOLD YOUR EARLIER, A SIMPLE WORDING MAY INCRIMINATE ME FOR RENT TAX. WOULD YOU PLEASE CLARIFY AND LET ME KNOW IF THIS WORDING IS LEGALLY ACCEPTABLE? THANK YOU

Expert:  Ash replied 2 years ago.
Yes you can sue that. You are only taxed if you charge more than £4,250.
Alex
Customer: replied 2 years ago.

HIS RENT IS 5760 PER YEAR OR 480 PER MONTH PER MONTH BUT IAM PAYING THE FLAT 12600 PER YEAR OR 1050 PER MONTH AND ROUGHLY £3600 FOR UTILITY BILLS PER YEAR OR 300 PER MONTH.

DO I NEED TO PAY TAX? I DONT HAVE PROFIT BUT MERELY REIMBURSING SOME EXPENSES. .

Expert:  Ash replied 2 years ago.
You would need to pay tax on the difference between £5760 and £4250 which is £1510.
But you can deduct things like utility bills. So if the utility bills are more than £1510 then its tax free.
Alex
Customer: replied 2 years ago.

MY CALCULATION IS :

ANNUAL FLAT RENT 12600

MINUS - RENT INCOME - 5760

- UTILITY BILL -3600

PROFIT - NONE

IS MY CALCULATON CORRECT.

Customer: replied 2 years ago.

I DO NOT OWN THE HOUSE..IAM JUST RENTING. AM I RIGHT TO INCLUDE ALSO MY RENT AND UTILITY BILLS TO DETERMINE THE TAXABLE INCOME ON RENT AS PRESENTED IN THE CALCULATION.

Expert:  Ash replied 2 years ago.
You can't include rent.
If the Utility bills are £3600 its tax free.
Alex
Customer: replied 2 years ago.

Iam very satisfied wih all your replies. I have 2 more questions left and I will give you EXCELLENT rating:

1. The landlord reduced my rent to 700 because he rented out the other room. although the tenancy contract stipulates that as a tenant iam not allowed to rent out the room to others. However, he knows it and approved in principles (not in writing). I continue doing this from the time he learned it but not prevent me. as far as Iam concerned, although i violated the contract, i get his consent because he did not evicted me from the flat. AM I RIGHT IN MY ASSUMPTION?

2. I PAID £38.FOR A VERY NICE SESSION WITH YOU. I understand there is no more subsequent payment after this. Please confirm....

Thank you. You are an excellent adviser. I will provide my rating as soon as i receive your Reply.

Do I need to pay if in case I ask another questions within the next 6 days?

Expert:  Ash replied 2 years ago.
1. Correct
2. That is it!
If you need to ask another question it will be another fee. But remember to start your question: FOR ALEX W and I can answer it.
Thanks!
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex