Council Tax for rented properties

ab3njp

Hey, wondering if anyone can help.

We moved into our rented property back in June 09 and still haven't had a council tax bill.

We informed our previous council and landlord that we were moving, and the form had a bit to fill in for the new council area too which stated the details will be forwarded on to them. However, we didn't cancel the direct debit, assuming it would just get transferred onto the new council.

After 1 month, the previous council still took my usual monthly payment, so I cancelled the direct debit.

We registered on the electoral roll for the new council shortly after moving.

We moved into the first property before that in June 08, and it took them 4 months to send us a bill, which they increased the monthly repayments to suit the rest of the tax year, then reduced them when it got to April 09. I assumed the new council would do the same. With our first rental property, the agent informed us it was the landlords responsibility to inform the council of the new tenants. So again, we assumed the same would happen so I contacted our landlady in November 09 to inform her that we've not received a bill yet.

However, still nothing. A few family/friends that I've asked say we'll get one at the end of the tax year, but we're looking to buy our own house now, which will probably be in another council (they're so many in Leicestershire!) and before the end of the tax year.

Basically, what I want to know is is it up to the landlord/lady to inform the council of their new tenants? Everybody I have asked says yes, but I'm in two minds whether to just ring them up myself to avoid getting a huge bill when they do discover us.

Also, was I right to cancel the direct debit - the old council had our new address on the change of address form so would've contacted us? Unless the letter got lost in the post? However, the old landlord then would've been in touch with us surely?

Also, if the new council does find us and bills us from the start of June 09, is there anyway we can get our monthly payment from the other council back?

Also, all the district and borough councils are in the same county, so it's not like I've moved/moving very far! You would've thought they would communicate a lot better?!

Thanks

scottishblondie

If you made (or rather they took) a payment to your old council that wasn't due then yes you should claim that back, and I'd do it ASAP.

I would also contact your current council immediately and sort out paying the bill for your current flat. Even if it is the LL's responsibility, you're the ones that are going to be hit with a bill eventually.

Councils are terrible at communicating, doesnt matter how far you move! Speak to both your previous and current council and get it sorted out yourself

clutton_2

you and the landlord are both responsible for talking to the council when you move.. you need to take some repsonsibility now and phone up both old and new councils and see what the situation is...... maybe your details got lost... maybe your landlord did not call them... but whatever happened, you owe the money and will have to pay so... get chatting..

all councils talk to each other nationwide with regard to folks who move on and dont pay their outstanding council tax.... if you are owed some money back, and have not had it.. maybe the old council dont have your new address....
good luck

BitterAndTwisted

To prevent unexpected bills at a time which may not suit you I reckon you should get in touch personally with both authorities right away. Ask you previous authority for a statement for the whole year which will show your liability up until you moved out and all payments made, so if you're in credit you should be entitled to ask for a refund. You'll most likely need your CT account reference number for any communication

Then contact the new authority, advising them of your moving-in date and request a statement and demand from them, They might need to have sight of your tenancy agreement as confirmation of the date but they should let you know on the phone should they need this.

theartfullodger

Write (yes, write, so you have proof) the council a letter, keep copy, with dates, names etc.. and offering to pay all council tax due,,,

If that got missed what about other things?? Elect, gas, water, TV licence, 'phone line??

Cheers!

Lodger

ab3njp

Thanks,

The landlady has wrote two letters and rang them up, but still nothing. I will write to them too asap.

Once we have a bill for the new council tax, I'll write to the other!

Thanks for your advice!

Fire_Fox

The occupant is responsible for paying council tax and responsible for providing names and payment details to the council. Either send a recorded delivery letter to the council or use their online e-mail facility, that way you have a record of attempts at contact. If you can prove the delay in payments is not your fault, you may be able to spread the payments over the next financial year.

Jowo_2

ab3njp wrote: »

Basically, what I want to know is is it up to the landlord/lady to inform the council of their new tenants? Everybody I have asked says yes, but I'm in two minds whether to just ring them up myself to avoid getting a huge bill when they do discover us.

Irrelevant. A council sends out the bill according to the hierarchy of liability which tends to put the occupants squarely responsible for paying it. Should the landlord ever be presented with your unpaid bill by mistake, they will merely send the council a copy of your AST to show that you were contractually obliged to pay it.

The hierarchy of liability is:

1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
2. a resident tenant
3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
4. any resident living in the property, for example, a squatter
5. an owner of the property where no one is resident.

http://www.adviceguide.org.uk/index/your_money/tax/council_tax.htm

Your failure to sort out the previous and current council tax accounts is your responsibility to deal with.

CIS

Basically, what I want to know is is it up to the landlord/lady to inform the council of their new tenants? Everybody I have asked says yes, but I'm in two minds whether to just ring them up myself to avoid getting a huge bill when they do discover us.

Its the tax payers responsibility to pay and ensure they are billed correctly. As Jowo has posted above the 'hierarchy of liability' given in the LGFA 1992 sets out the basic responsibility for paying the bill.

Once the L/L provides a tenancy agreemnt then a charge will be raised in your name and the local authority will chase, I work in council tax recovery and we do have to secure the interests of the tax payer and local authority by attempting to recovert debt.

Many councils now use credit tracing agencies to locate debtors and these companies are quite good. A mortage would show up in their records along with your new address and would cross reference with details from your 'current address' so its not that hard to track a person down.

Also, if the new council does find us and bills us from the start of June 09, is there anyway we can get our monthly payment from the other council back?

If your previous account is in credit then contact the previous local authority and ask for a refund.

G_M

Why on earth are you making this seem complicated?

You live at a new address in a new council area, so are responsible for council tax there. Contact the council and arrange to pay you tax liability.

You no longer live at the old address in the old council area, so are no longer responsible for council tax there. Contact the council and arrange to have your liability (and payments) cancelled.

simple