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  • FIRST POST
    • Lorraine Ravillon
    • By Lorraine Ravillon 30th Nov 17, 5:01 PM
    • 2Posts
    • 0Thanks
    Lorraine Ravillon
    Council Tax dispute
    • #1
    • 30th Nov 17, 5:01 PM
    Council Tax dispute 30th Nov 17 at 5:01 PM
    Hello all,

    I have a problem, on the 4th of November 2014 me and my 2 housemates moved from France to England, we then rented a house in Salford.

    We agreed on this day with the agent from the housing agency that all the bills (electricity, water, broadband and council tax) would be include in the rent. This meant the contract was slightly amended on the spot, but had their agent signature to confirm this.

    I have still the contract here with me to prove it. We rented this place from the 4th of November 2014 until the 31st of July 2015 and paid our rent and bills every month straight to the agency bank account.

    A week ago I received a mail from the Salford council tax claiming that the council were not paid for this period.

    I explained to them that the council tax was include in our rent, so we paid it every month but they replied to me that this is a third party agreement but I am still entitled to pay the council tax.

    I then contacted the agency with who I signed my contract, asking them why is the council tax never been paid (I also send them the picture of the contract showing that the council tax was include in the rent, you can clearly see the signature of the agent).

    They replied to me saying that after checking their records they can confirm that the council tax wasn't include... I have the contract to prove it but i feel like they don't really care.

    What should I do ? Does anybody got any advice for me please ?

    That would great, thanks.

    Lorraine
Page 1
    • kmb500
    • By kmb500 30th Nov 17, 5:30 PM
    • 408 Posts
    • 110 Thanks
    kmb500
    • #2
    • 30th Nov 17, 5:30 PM
    • #2
    • 30th Nov 17, 5:30 PM
    Send a copy of your tenancy agreement / proof that council tax was included in your rent, to the council.
    • CIS
    • By CIS 30th Nov 17, 5:37 PM
    • 10,113 Posts
    • 5,787 Thanks
    CIS
    • #3
    • 30th Nov 17, 5:37 PM
    • #3
    • 30th Nov 17, 5:37 PM
    Send a copy of your tenancy agreement / proof that council tax was included in your rent, to the council.
    Originally posted by kmb500
    That makes no difference, the contract cannot override legislation.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • CIS
    • By CIS 30th Nov 17, 5:39 PM
    • 10,113 Posts
    • 5,787 Thanks
    CIS
    • #4
    • 30th Nov 17, 5:39 PM
    • #4
    • 30th Nov 17, 5:39 PM
    I have a problem, on the 4th of November 2014 me and my 2 housemates moved from France to England, we then rented a house in Salford.

    We agreed on this day with the agent from the housing agency that all the bills (electricity, water, broadband and council tax) would be include in the rent. This meant the contract was slightly amended on the spot, but had their agent signature to confirm this.
    Council Tax is determined directly by legislation - any agreement with the landlord cannot change this.

    Assuming it was a standard shared tenancy and not a room only rental then the council are correct in what they have told you and you (along with the joint tenants) are liable for the council tax charge.

    You would need to pursue the landlord for the monies you paid them (via a small claims case if needed) but the council can and will correctly chase you for the monies due.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Lorraine Ravillon
    • By Lorraine Ravillon 30th Nov 17, 6:05 PM
    • 2 Posts
    • 0 Thanks
    Lorraine Ravillon
    • #5
    • 30th Nov 17, 6:05 PM
    • #5
    • 30th Nov 17, 6:05 PM
    Thank you for your answer. I'm thinking of taking this agency to small claim but I don't know where to start. I completely understand why the council tax is chasing me as I am entitled to pay the council tax (which I did to the agency). Do you think that my case would be strong enough to win against the agency ? I really do not know what they did with the money that me and my flatmates been given to them in purpose to pay the council tax.
    • lincroft1710
    • By lincroft1710 30th Nov 17, 7:03 PM
    • 10,026 Posts
    • 8,080 Thanks
    lincroft1710
    • #6
    • 30th Nov 17, 7:03 PM
    • #6
    • 30th Nov 17, 7:03 PM
    Link to MoneyClaimOnLine website

    https://www.moneyclaim.gov.uk/web/mcol/welcome
    • agrinnall
    • By agrinnall 1st Dec 17, 9:41 AM
    • 18,679 Posts
    • 14,397 Thanks
    agrinnall
    • #7
    • 1st Dec 17, 9:41 AM
    • #7
    • 1st Dec 17, 9:41 AM
    Link to MoneyClaimOnLine website

    https://www.moneyclaim.gov.uk/web/mcol/welcome
    Originally posted by lincroft1710
    But you should really write a Letter Before Action to the agency first to give them time to pay (14 days would seem reasonable) before you start the court action - apparently the courts take a dim view of being used as the first resort for a claim rather than the last.
    • CIS
    • By CIS 1st Dec 17, 12:35 PM
    • 10,113 Posts
    • 5,787 Thanks
    CIS
    • #8
    • 1st Dec 17, 12:35 PM
    • #8
    • 1st Dec 17, 12:35 PM
    Certainly, it's common for people to forget that. The 'letter before action' is a requirement of the civil procedure rules. Courts will happily apply a sanction if it's not complied with.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
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