Council Tax/Housing Benefit Problems

Savickas

Hi all,

I'm moving into a new flat next week. I work full-time and have no children but according to the council website I'm eligible for housing benefit as I'm on a fairly low wage.

My dilemma is this. I haven't paid council tax at my current address, despite graduating from university last September and working full-time ever since. My housemate (landlord's son) has always dodged the issue when I suggested setting up a council tax account, but to be truthful I've been more than happy to evade paying it too. Why they haven't came asking for the money I'm not sure, but I assume they think the property is still occupied by students.

When I move into the new flat (in the same local authority area) I'm going to set up a council tax account straight away. Will they ask for a previous address and will I be lumbered with the bill for the unpaid tax at my current address? Similarly, the housing benefit claims form asks for a previous address. Could this be used against me or are the housing benefit claim and the unpaid council tax entirely seperate issues.

I realise I'm not likely to garner much sympathy given that I've basically dodged paying a tax for a year, but any advice would be much appreciated.

I've already posted this in the benefits forum, but I figure its applicable to this forum too.

pararct

You do realise this is one of the few taxes they can (and will) put you in jail for if you deliberately refuse to pay it?
(Best put some money aside just in case)

How do you know the landlord (as his son was living at the address) was not paying the council tax?

Strange as the Local Authority would be chasing the owner for payment and he would be keen (nothing to do with the landlords son) to get it sorted out and or passed down to his tenant(s).

What sort of rental agreement did you have? By the sounds of it this sounds more like a house share than a bona fida rental.

Savickas

The contract says Shared Tenancy Agreement/Assured Shorthold Tenancy. It was a 10 month contract initially and I've stayed here without signing anything else ever since (4 years in total). There's been another tenant living here for much of that time, but its just been me and the landlord's son since the beginning of the year. The whole thing has become very informal, as I'm friends with the landlord's son having been here so long and quite friendly with the landlord too as I spoke to him very regularly when he and the son had a serious fall out last year.

The landlord told me he did visit the council several times to try to sort out the council tax issue but got exasperated with them as they were 'worse than useless' in his words. Basically, he's been paying council tax on another property even though its been continuously occupied by students, so in his eyes not paying the council tax on this property evened things out! Obviously that kind of free and easy attitude is a bit easier to adopt when you're a fairly wealthy man.

As you can tell from what I've just written the whole thing is a bit of a mess, and needless to say I regret not taking the initiative and trying to sort it out myself as soon as I graduated. As it stands, I just can't wait to get out of here, and take responsibilty for things myself. I just hope I'm not saddled with a big debt in the process, and I'd rather not make things difficult for my present housemate and landlord either.

Savickas

Oh, just to muddy things further my name is on the electoral register for my current address, and the landlord's son has spent most of the past few years on the dole, so there's clear evidence that I've been living here and as he wasn't earning it would have been me that copped for the council tax bill had it arrived.

Madjock

You are living in a HMO with shared kitchen and bathroom yes?

The council tax is not your responsibility to pay, so you can stop worrying.

p.s. I suspect that's why the lanlord's son has always been reluctant to sort anything out, he's very likely to have known that it is his dad's bill by rights. When you register at your new address, make sure you advise that your previous address was a HMO. The council will do their thing to pursue any outstanding debt from there on and you will not have done anything wrong.

Savickas

Madjock wrote: »

You are living in a HMO with shared kitchen and bathroom yes?

The council tax is not your responsibility to pay, so you can stop worrying.

p.s. I suspect that's why the lanlord's son has always been reluctant to sort anything out, he's very likely to have known that it is his dad's bill by rights. When you register at your new address, make sure you advise that your previous address was a HMO. The council will do their thing to pursue any outstanding debt from there on and you will not have done anything wrong.

Yes, its a HMO property. Thanks Madjock. That's a load off my mind. I do hope I don't land my landlord in bother, but then again he's in a much better position to handle something like this than I am.

theartfullodger

A wee link to a Landlord site confirming LL is responsible for C Tax for a HMO...
http://www.landlordzone.co.uk/hmos.htm

Don't worry about the landlord's feelings.. Whoever is liable to pay any tax (Council, income, tobacco..) should pay it willingly, promptly & in good humour in the old, traditional, British way...

Cheers!

Artful

clutton_2

if you are living in a property with some students and some in full time employment then those in work have a duty to pay council tax... and you know you do....

just fess up and come to a payment schedule with the council to pay off your arrears...

Madjock

clutton wrote: »

if you are living in a property with some students and some in full time employment then those in work have a duty to pay council tax... and you know you do....

just fess up and come to a payment schedule with the council to pay off your arrears...

No, if it was exclusively students then there would be no liability, but if it's not, it is the landlord that is responsible. Stop trying to make out this poster has been irresponsible, it's the landlord and his son who have been. OP you have not done anything wrong, and don't have anything to fess up to.

Savickas

Thanks a million for that Artful. Hopefully that's me off the hook. If this does come to light at all, and there's every chance it won't anyway, I'm hoping the fact that the landlord has been wrongly paying council tax on another property over the same period should cancel things out.

And thanks Madjock! This really is a load off my mind. Looking forward to being able to keep things strictly above board in my new place.

theartfullodger

Savickas wrote: »

If this does come to light at all, and there's every chance it won't anyway,

'sfunny: Thought it was all citizen's duty to ensure the authorities were aware of wrong-doing .. if someone (e.g.) murdered your nan you'd let the Police know surely??


Cheers!

Artful