URGENT! Council Tax advice needed!

timberflake

I've got a problem with my Council Tax and could really use some advice. I live in shared accommodation in a two bed apartment. Both of us have an individual tenancy agreement and are not linked in any way.

About a year ago, my landlady was caught out by the council. She'd been saying that only her son was living here and was at Uni (therefore council tax exempt). When I moved in I advised the Council that I'd moved from my previous address, which is what lead to her being found out. As a result she had to pay back Council Tax and said that from the start of the 2008 financial year, we would have to pay the bill ourselves.

All has been fine for a number of months, my flatmate and I had our names on the bill and paid it on time without exception. However, he moved out at the end of November and the guy that moved in (at the beginning of December) told our landlady that he did not want his name on the Council Tax bill.

My landlady and I arranged that she would pay his 50% and I would continue to
settle my half in the usual way.

Now, here's the problem. At the beginning of the month, I had a letter asking for details of who lives in the apartment. My flatemate is adament his name is not going down (god knows why) and my landlady has advised that her name is not to go down as she is now living in the Isle of Man for tax reasons.

As if that weren't bad enough, I've today had a notice from the Council advising that there is £162 outstading. I've spoken to the Council on the phone and they have confirmed receipt of my payments, which means that outstanding amount is my flatemates for December and January that my landlady has failed to pay.

My question is, where do I legally stand? My name is on the bill together with my old flatmates and neither my current flatmate or landlady is willing to put their name down. The Council did adivse that they believe it should be wholly in the landlady's name as we have individual tenancy agreements but she has flat out refused to do this.

Where do I stand? I'm really not comfortable with this whole situation and I can't just put my name down as I would then get a 25% discount for single occupancy which I would not be entitled to.

ILW

Bear in mind that you and your flatmate could be commiting an offence by denying he is living there.

KeepYourChinUp_2

Well the form is asking who lives there so thats your LL out of the picture. If it says giving false information is a bad thing fine/prison etc then put your flat mate down as he isnt going to be bothered if you carry the wrap for him is he? Other than that get the money out of him and dont claim the discount.

Good luck

timberflake

ILW wrote: »

Bear in mind that you and your flatmate could be commiting an offence by denying he is living there.

This is my point, can someone confirm if this is the case? I have told my landlady and flatmate that I am not willing to lie. If I were to give the council hia name, would my landlady be within her rights to serve notice on me? It is them that have come to the agreement not to tell the council he is living there, I have got caught in the middle as my name was already on the bill.

timberflake

KeepYourChinUp wrote: »

Well the form is asking who lives there so thats your LL out of the picture. If it says giving false information is a bad thing fine/prison etc then put your flat mate down as he isnt going to be bothered if you carry the wrap for him is he? Other than that get the money out of him and dont claim the discount.

Good luck

But how could I NOT put his name down and NOT pay the discount??

silvercar

You write back to the council and say that:
a) you do live there
b) there is another tenant in residence, he has his own tenancy agreement, you only know his first name and they should write to the landlady XX for further information.

KeepYourChinUp_2

timberflake wrote: »

But how could I NOT put his name down and NOT pay the discount??

I haven't seen the form for a couple of years as I do not pay the tax in my present residence. I couldn't remember if you have to actually request the discount but the maybe that varies according to the council as well.

What time scale does your tenancy agreement encompass? If its a standard 6 months she cant do anything legally to get you out. If its expired the fixed term then she would have to give you two months notice.

If it was me and the letter was addressed to me I would fill it out truethfully.

You need to recheck the form and read your tenancy agreement

KeepYourChinUp_2

silvercar wrote: »

You write back to the council and say that:
a) you do live there
b) there is another tenant in residence, he has his own tenancy agreement, you only know his first name and they should write to the landlady XX for further information.

You win I over analyze and act too honest :mad:

timberflake

But what I'm trying to get at is my landlady and new flatmate have come to an agreement and are trying to get me to lie on the form. If I go against them and be truthful, can she legally turf me out??

Premier_2

What type of tenancy agreement do you have?

When the LL lived there, you were her lodger and so it would probably be quite easy to kick you out (lodgers have few rights except that specified in any agreement)

Now she's not living there, you are not a lodger. Do you have as ASTA? If so you have all the usual protection all such tenants have. (which might be just 2 months if you've already passed the fixed term)

timberflake

Premier wrote: »

What type of tenancy agreement do you have?

When the LL lived there, you were her lodger and so it would probably be quite easy to kick you out (lodgers have few rights except that specified in any agreement)

Now she's not living there, you are not a lodger. Do you have as ASTA? If so you have all the usual protection all such tenants have. (which might be just 2 months if you've already passed the fixed term)

My LL has never lived at the apartment, before my new flatmate, my I had another flatmate. my tenancy agreement is just one sheet of paper saying she only has to give me on months notice but surely I could fight it on the basis that she would be asking me to leave because I refused to follow her on this questionable act? The reason I ask is because I have nowhere to go, literally nowhere!