renting - who pays council tax?

IveSeenTheLight

Millburn_farm wrote: »

I'm a landlord; have been for 11 yrs; Council tax IS the tenants responsibility, as are the utilities (unless specifically stated in the lease); and I promise none payment always follows the tenant; for the period the tenant was/is responsible

When the house is empty it's my problem

I am also a landlord, but to correct a small error with above, it will be the tenants responsability, however legally the tenancy must be signed for a minimum of 6 month period.

Any period shorter than the 6 months and the council can pursue the landlord.

It is not generally a problem as most tenancies are for the minimum 6 months but it is a major reason why I would not consider shorter periods.

DVardysShadow

CIS wrote: »

The agreement cannot overrule the relevant legislation - unless ....

I think that answer is too simple.

It is true that an agreement cannot override the legislation in terms of liability to pay to the council. The tenant will be pursued.

But neither does the legislation override the agreement in terms of whose pocket the money should come from. It should be paid at the Landlord's expense.

CIS

I am also a landlord, but to correct a small error with above, it will be the tenants responsability, however legally the tenancy must be signed for a minimum of 6 month period.

Any period shorter than the 6 months and the council can pursue the landlord.

It is not generally a problem as most tenancies are for the minimum 6 months but it is a major reason why I would not consider shorter periods.

The part regarding the 6 month only applies under the definition of owner in reg 6 of the LGFA 92 - it doesn't affect anything to do with a tenant , under the hierarchy of liability a tenant for 1 day would be liable (assuming the L/L is not resident),

Quote:
Originally Posted by CIS
The agreement cannot overrule the relevant legislation - unless ....

I think that answer is too simple.

Its a simple statement of how the legislation see it.

But neither does the legislation override the agreement in terms of whose pocket the money should come from. It should be paid at the Landlord's expense.

Whose pocket it comes from is not matter considered under the legislation - it makes pretty clear who is responsible - however the tenant needs to pursue the L/L for the money regarding the agreement they had which is what I posted earlier.

DVardysShadow

CIS wrote: »

The agreement cannot overrule the relevant legislation - unless ....

I think that answer is too simple.

Its a simple statement of how the legislation see it.

But neither does the legislation override the agreement in terms of whose pocket the money should come from. It should be paid at the Landlord's expense.

Whose pocket it comes from is not matter considered under the legislation - it makes pretty clear who is responsible - however the tenant needs to pursue the L/L for the money regarding the agreement they had which is what I posted earlier.

Please, the legislation DOES NOT override the agreement, nor does the agreement override the legislation. The agreement stands. This is not just about the legislation, because both apply.

CIS

Please, the legislation DOES NOT override the agreement, nor does the agreement override the legislation. The agreement stands. This is not just about the legislation, because both apply.

I work in council tax recovery . The law sets down who is responsible for the council tax - you cannot get around this with a personnel agreement.

As I have already posted, the agreement is between the tenant and the landlord to argue over - it doesn't affect the tenant being the person legally liable for the council tax.

maythegirl

Wow.. a lot of posts lol

I do agree with CIS, the council tax liability will remain tenant and therefore the name will be under tenant's name and not landlord's unless the property becomes empty. However, when I have spoken with housing department of Council, I have been told that if the tenancy agreement bounded between the landlord and tenant clearly says council is included in the rent, it means that the tenant is already paying the council to the landlord, and if the liability changes to the tenant, and the amount of tax payment increases, then the landlord need to compensate for however amount the tenant pays to the council.....Well this is what I was told and I believe...Obviously, the landlord will not agree to it that easily because they will be loosing money, but if thats the case she shouldn't have agreed to the statement "council tax inclusive" to begin with because if she doesnt follow that even her circumstances changes, then she is legally breach in contract and breaking the law......

Am I correct?? Am not a lawyer so am not 100 % sure on this....

CIS

I have been told that if the tenancy agreement bounded between the landlord and tenant clearly says council is included in the rent, it means that the tenant is already paying the council to the landlord, and if the liability changes to the tenant, and the amount of tax payment increases, then the landlord need to compensate for however amount the tenant pays to the council

What the council have advised you is what should happen but as you say getting the L/L to pay is another matter. The fact that , regardless of legal liability, you have a written contract which says they'll pay on behalf should be enough for a small claims case if needed.

guppy

maythegirl wrote: »

[But if the agreement I signed with my landlord and myself clearly states council tax payment is included in the rent payment, shouldn't the landlord be paying back to me towards the tax payment or deducting the rent ?? ]

By this i meant to say "reducing the rent" at the end of the question..
sorry my wording mistake

If you have a contract with the landlord saying council tax is included, then you should be able to claim any council tax you have had to pay.

Although the legislation means you are liable for paying the council, your agreement with the landlord means you should be able to reclaim the money.

If you have problems, go to small claims court, or get advice from the CAB or a solicitor.

maythegirl

I have spoken to local CAB legal adviser, and been told to deduct the amount from the rent if she refuse to pay back.

So that's what I am trying to do from my last rent payment...I just needed to know I am doing the right thing here...Thanks guys..Its' been really helpful

guppy

maythegirl wrote: »

I have spoken to local CAB legal adviser, and been told to deduct the amount from the rent if she refuse to pay back.

So that's what I am trying to do from my last rent payment...I just needed to know I am doing the right thing here...Thanks guys..Its' been really helpful

I'm not sure how the law sees it...but I would do the same personally if you can get all the money back this way. Her only option would be to make a claim against you, and then the whole issue could be looked at by a judge anyway.