Overseas Landlord with tenant in UK property
I represent my sister who lives overseas but rents out a property in the UK. I read that an overseas address is not valid in respect to any financial matter between landlord and tenant as far as the Court is concerned. I am named on the Tenancy Agreement as the Representative.
I have sent, as her representative, two rent arrears letters to her tenants using my (UK) address, but not adding her USA address (based on the above), and am about to send a third.
I have read in the last couple of days that a rent arrears letter without the Landlord’s address appearing on it will not be allowed by the Court if I used it in as evidence for a Section 8.
Are my first two letters invalid and should my sister’s overseas address be added on all correspondence along with my address?
Thanks
DKG
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Member Since July 2013 - Comments: 25
11:32 AM, 13th December 2014, About 11 years ago
You are entitled to act as her Agent, and can do evictions on her behalf as her Agent. Her name and address need to be shown on the AST as the Landlord.
Member Since February 2014 - Comments: 5
3:35 PM, 13th December 2014, About 11 years ago
Reply to the comment left by “T J” at “13/12/2014 – 11:32“:
Many thanks for your reply on this -:)
Member Since December 2014 - Comments: 1
5:28 PM, 14th December 2014, About 11 years ago
I have been letting out three properties and for the last eight years I have been living in Spain. All that your sister needs to do is to register as a non-resident landlord with HMRC. Otherwise her tenants should with hold the income tax that might be due on her rent. Either google “HMRC non-resident landlord” or try this link http://www.hmrc.gov.uk/international/nr-landlords.htm#2
Member Since July 2013 - Comments: 25
10:41 PM, 14th December 2014, About 11 years ago
Yes, your sister has to pay income tax on her net rental income. She can do this by registering for self assessment tax, ask an accountant to do it for her, or you can complete her tax for as her representative every year. Remember to deduct every expense, mortgage interest, repairs, maintenance charges, etc. You can find out what is tax deductible from various tax websites or ask an accountant for advice.
Member Since February 2014 - Comments: 5
11:15 PM, 14th December 2014, About 11 years ago
Reply to the comment left by “Jim Brannigan” at “14/12/2014 – 17:28“:
Hi, have checked out the HMRC website as suggested. Registration seems fairly straightforward. Have logged in after TJ’s further comment, so will be registering her so that she is legal and then take it from there. Many thanks to you both