Paul Hawkins

Registered with Property118.com
Thursday 26th February 2015


Latest Comments

Total Number of Property118 Comments: 30

Paul Hawkins

22:27 PM, 3rd March 2022, About 3 months ago

Prescribed Info - can you serve late?

DSR,
This link may help answer in part some of your questions.
https://www.landlordzone.co.uk/news/test-case-servicing-a-section-21-notice-and-prescribed-information/
To be clear, what prescribed information are you referring to - is it the PI relating to the tenancy deposit scheme or the PI relating to gas safety cert, epc, how to rent guides, etc or both of these?

The cases referred to in the link, infer that provided any breaches of supplying the tenant with the PI are remedied prior to S.21 being issued, that is sufficient.... Read More

Paul Hawkins

21:45 PM, 3rd March 2022, About 3 months ago

Divorce, Declaration of Trust, and Beneficial Ownership?

Reply to the comment left by Chris Bradley at 03/03/2022 - 15:54Chris, do you have an HMRC Tax manual reference (or other reliable source) to support your statement that - "As form 17 between spouses requires the legal ownership to match the income share, I'm not sure how HMRC would see this."
This is exactly the opposite of what Form 17 is for. Its purpose is to split the allocation of beneficial ownership in a different way to the legal ownership. So it is possible to legally own a property split as 50/50 but split beneficial ownership 70/30 or 99/1 or in my case 100%.... Read More

Paul Hawkins

16:52 PM, 3rd March 2022, About 3 months ago

Divorce, Declaration of Trust, and Beneficial Ownership?

Reply to the comment left by Chris Bradley at 03/03/2022 - 15:54Chris,
That's not my understanding for the use of Form 17.
By default, if you jointly own a property, HMRC will assume you own and have the beneficial ownership split 50/50.
If you own as tenants in common and split in unequal shares, by default the legal ownership and beneficial ownership are deemed to be in the same proportions as the share of ownership.
Form 17, alongside a declaration of trust, is used to split beneficial ownership in different proportions to legal ownership.
See, HMRC Tax Manual https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem9851... Read More

Paul Hawkins

15:18 PM, 3rd March 2022, About 3 months ago

Divorce, Declaration of Trust, and Beneficial Ownership?

Reply to the comment left by Olls63 at 03/03/2022 - 15:16
In this case, both the year of separation and divorce are in the current tax year 2021/2022.... Read More

Paul Hawkins

9:17 AM, 10th April 2021, About A year ago

Smart Meter Installation - thoughts please?

Thanks to all for taking the time to share your experiences.

I have a good relationship with the tenants so unless they really push the issue, I'll decline their request.... Read More