Requirement to provide VAT statement / invoice?
Discussion
I have a single house which is rented out and managed by an estate agent.
The agent charges a monthly fee which is deducted from the rent paid by the tenant. VAT is charged on their fee.
When I started using them they would post a monthly invoice / statement to show everything. They've stopped doing that, despite my requests for even an emailed statement for my records (ie Self Assessment)
If ask several times then they might finally sent a summary statement for a year - I most recently asked on the 20th December and I'm still waiting (chased again today). I will be kicking them into touch ASAP but I've not found a new agent which would take on the property with a tenant in place (that's another topic though).
Is there legal requirement for them to provide any sort of invoice / statement for the transaction with VAT being involved? I presume this is a business to consumer transaction. I'm under the impression that a retailer can't refuse to provide a VAT receipt if requested but it's not like buying a sandwich or something on expenses so I'm not sure what, if any, rules apply...
Thanks!
The agent charges a monthly fee which is deducted from the rent paid by the tenant. VAT is charged on their fee.
When I started using them they would post a monthly invoice / statement to show everything. They've stopped doing that, despite my requests for even an emailed statement for my records (ie Self Assessment)
If ask several times then they might finally sent a summary statement for a year - I most recently asked on the 20th December and I'm still waiting (chased again today). I will be kicking them into touch ASAP but I've not found a new agent which would take on the property with a tenant in place (that's another topic though).
Is there legal requirement for them to provide any sort of invoice / statement for the transaction with VAT being involved? I presume this is a business to consumer transaction. I'm under the impression that a retailer can't refuse to provide a VAT receipt if requested but it's not like buying a sandwich or something on expenses so I'm not sure what, if any, rules apply...
Thanks!
Most property agents do not supply monthly VAT invoices. But they do supply either monthly or quarterly statements showing rents collected less their charges (and VAT content if relevant).
As long as you are a non-VAT registered individual, then the monthly or quarterly (or even annual) statements from the agent would be sufficient supporting documentary evidence for the figures you are entering on your Self Assessment tax return.
If you were a VAT registered trader in your own right, then I would insist on a genuine VAT invoice for every transaction they raise as you would need those invoices as backup for reclaiming the Input VAT each VAT quarter.
As long as you are a non-VAT registered individual, then the monthly or quarterly (or even annual) statements from the agent would be sufficient supporting documentary evidence for the figures you are entering on your Self Assessment tax return.
If you were a VAT registered trader in your own right, then I would insist on a genuine VAT invoice for every transaction they raise as you would need those invoices as backup for reclaiming the Input VAT each VAT quarter.
I'm wondering where I go next with this...
I gave the agent written formal notice (sent via RM SD) at the end of January that I would be terminating their management of the property and a new agent would be taking it on from 1st March. In that letter I also asked for a full and final statement.
The current tenant moved in in December 2011. In that time, I've had a statement which covers December 2011 to December 2014 and one which is 2016 to 2017 (both years).
I visited the agent (20th Feb) to collect the keys they held for my house and whilst there, I showed a number of errors in the statements they have given to me in the past. For instance, their statement claims a payment was made on a given date but nothing was received in my bank (I still have the original bank statements so can show nothing received on that date). Two other payments show no deductions but the payment I received had deductions. I was told the relevant person would be in touch and surprise, surprise... nothing!
The agent doesn't appear to be a member of The Property Ombudsman, Property Redress Scheme, ARLA or similar so I don't believe I have any professional bodies to complain to.
My current thinking I give them another week and then send another letter (via RM SD) again asking for a full statement (back to December 2011) and highlighting the errors I know about. I suspect this will come to nothing at which point I guess it's either a solicitors letter or going to the Small Claims Court to claim what I believe I am missing. That could obviously get messy as they may say the tenant has never paid them, though they've never communicated that to me.
Thoughts / advice welcome!
Edit
Further searching has shown they are a member of The Property Ombudsman, so that's my route. TPOS says they should acknowledge my complaint in 3 working days and reply within 15 working days. There's a further round of letters and then I can escalate to TPOS.
I gave the agent written formal notice (sent via RM SD) at the end of January that I would be terminating their management of the property and a new agent would be taking it on from 1st March. In that letter I also asked for a full and final statement.
The current tenant moved in in December 2011. In that time, I've had a statement which covers December 2011 to December 2014 and one which is 2016 to 2017 (both years).
I visited the agent (20th Feb) to collect the keys they held for my house and whilst there, I showed a number of errors in the statements they have given to me in the past. For instance, their statement claims a payment was made on a given date but nothing was received in my bank (I still have the original bank statements so can show nothing received on that date). Two other payments show no deductions but the payment I received had deductions. I was told the relevant person would be in touch and surprise, surprise... nothing!
The agent doesn't appear to be a member of The Property Ombudsman, Property Redress Scheme, ARLA or similar so I don't believe I have any professional bodies to complain to.
My current thinking I give them another week and then send another letter (via RM SD) again asking for a full statement (back to December 2011) and highlighting the errors I know about. I suspect this will come to nothing at which point I guess it's either a solicitors letter or going to the Small Claims Court to claim what I believe I am missing. That could obviously get messy as they may say the tenant has never paid them, though they've never communicated that to me.
Thoughts / advice welcome!
Edit
Further searching has shown they are a member of The Property Ombudsman, so that's my route. TPOS says they should acknowledge my complaint in 3 working days and reply within 15 working days. There's a further round of letters and then I can escalate to TPOS.
Edited by Harpoon on Wednesday 4th March 13:45
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