If it was your 'main residence' and the only reason you didn't live in it was because you were required to live abroad by your employer (the forces) then I would have thought that you are probably exempt from Capital Gains Tax provided you fuflfil some other conditions. It's worth looking into.
Quote: Originally posted by nanashirley on 10/5/2016
"But think of the plus side, at least they paid your mortgage for the last three years and your property has increased in value by about 30%."
But now we are hoping to sell the government will want their share by means of Capital Gains Tax.
You won't pay tax on the capital gain achieved while it was your partners main residence. However you will pay tax on the capital gained since it became an investment vehicle.
------------- Ollie
2016
Monplaisir - Provence
Camping Les Gorges du Loup
Quote: Originally posted by nanashirley on 10/5/2016
Shirley how long has your dispute gone on for? It's ridiculous xx
Tenant left in February.
I have just come off the phone to the agents, they have had difficulty getting hold of the tenant to advise him that we are not happy with the state of the place. I said we would take matters further if not resolved by the end of this month.
If we get the deposit to cover the cost of repairs, cleaning, clearing and repainting then we will leave it at that.
The rent arrears we will have to take him to the small claims court. As we don't know where he is this could prove expensive, so we probably wont bother.
We have put the property up for sale, but as we are still paying the mortgage, council tax etc. will need a sale quite quickly. If not I think a change of agents will be needed. If we lived nearer we would manage it all ourselves.
Shirley
Shirley - the way I read the deposit scheme rules. It says if there are any rent arrears these must be take out of the deposit. Surely they don't have to wait for the Tennant to agree to that?
Mind you it says lots of things, but no sign of any resolution. Our Tennant is also avoiding the Estate agents calls and emails! 😡
The deposit is the tenants money , if by the sounds of it , you had the agent lodge the deposit , you must ask the agent to be in touch with the deposit scheme , it will help your case if you have written to the tenant , giving a clear breakdown of your claim , this you can then forward to the agent as proof of your claim against the tenant . The agent is either holding the deposit ,and took out an insurance on it , or they lodged into the other kind of scheme , either way , the agent holds the key no to open the claim , if the tenant agrees to your statement , the funds will be split accordingly , if however the tenant disagrees with you , it's then up to you to provide all the evidence to support your claim , that is where a good inventory , lots of photos of the property , before the tenant moved in , and their signed dated agreement to the documentation , you will also need the documented evidence of when they left the property , witnessed and also signed and dated . Then the case will be looked at by some one at the deposit scheme , and judged accordingly , if the deposit doesn't cover all your expenses and their rent arrears , I consider it a waste of effort , time and money to go to a small claims court , even if you win your case , there is very little chance of receiving your judgement , to many of these kind just ignore the CCJ , it's very stressful and unfortunately , easier on you and your family to put it down to experience and just be grateful you weren't involved in court costs to remove the tenant .
I have now decided it's best to make a good inventory etc , get the prospective tenant to pay for the insured deposit scheme , always ask for references , most bad tenants won't have them , do some checking out , spend some time talking to the person , even visit their current residence , on the spur of the moment , you can then see how they treat their rental , it can be quite an eye opener , you then hold the deposit , at the end of the tenancy , you can then present the tenant with your claim , and if you are convinced it's a fair and proper claim , if they don't agree , offer them them difference as settlement , then say , take me to court .
My uncle Fred rented his house out while he was away in the army.
He had to evict the tenants which cost him a lot of money and they had trashed the place when he did get it back he was heart broken, and sold it
Steviem is on the money with his advice offered. You could pursue debt recovery on a ccj but it could go on and on causing more stress.
Unfortunately there are a lot of people out there who take the pee when it comes to the rental market. By that I mean rogue agents, landlords and tenants.
We have asked the agency to request the arrears of rent from the deposit. If this was agreed we would not bother about the clean up costs etc. The agents just seem to be taking their time and getting information from them is very difficult. I have now told them we want to finalise all dealings with them.
It seems agents take your money but you are left with all the chasing up etc.
A potential sale has fallen through so we may have to consider letting again but will not be using that agency, if any.
Quote: Originally posted by lidds0 on 12/5/2016
I'm really sorry to hear this has happened, Mzzy. What a horrible homecoming for you (are you back in the UK now?).
No not back, my son sorted their checkout, then face timed and sent me photos. Makes it worse not being there. Having to try sort it by email x
A day of all things motorhome and campervan. The show is held both in the main indoor arena and across the grounds. Catering, hot drinks and food options are available. Easy access to the site and free parking included. Win one of five pairs of day tickets
Topic: My house is a mess!
