Landlord overcharging Council Tax.

G_M

My advice above was based on it being an HMO - with several 'family units' each having a seperate tenancy.

If it is just one family, this is not an HMO and I assume there is only one tenancy. In this case the solution is simple. Stop paying the landlord for any council tax and just pay the rent.
Contact the council and check what date the CT is currently paid up till, make sure that date corresponds with the date you've paid council tax to the LL for, and take over CT responsibility from that date. If there is gap between what you've paid the LL and what the council have received, take over from th date you've paid the LL till and leave the bill till then in the LL's name.

Then start paying the CT yourself direct.

ps - if there IS a 'fiddle' of some kind going on, there may also be a fiddle on income tax. LL may not be declaring the rent as income.....

diable

It looks like they are not declaring this as a business. Ask them to reduce the rent per month by the amount of what the council tax is and pay the CT your selves....

angrypirate

As it is not HMO then the council tax needs to be in your friends name. Get him to speak to the council and ask for a statement. He should refuse to pay anything deemed "council tax" to the landlord. Maybe get your friend to say to the landlord "this is confusing me so i have spoken to the council and they are going to send me a council tax statement". You may find the landlord will panic.

Rental increases should be in the region of RPI - maybe negiotiate for a 5% increase, so £25 a month.

The new deposit has to be in a tenancy deposit scheme

As he has been in the property for 5 years then damage to the paint and carpet (depending on carpet original quality) can probably be written off as wear and tear. Worse case scenario then maybe offer the landlord 20% of the cost of repaint / recarpet.

Your friend could agree to do all repairs less than £100 on the provisio it is deducted from the rent on production of receipt / invoice.

If the landlord wishes to pay cash only, then demand receipts for the rent. Either way your friend should ensure he has a paper trail on how much rent is paid and when

Definitely report them to the inland revenue though.

Millionaire

Thanks for all the advice. I have passed on all info to friend who weigh up what he can do.

Marvel1

Why is the council tax in the LL's name in the first place? It should be in theirs.

Out of curiosity, do they have a gas safety check annually?

G_M

The fact that the LL has sold the property does not alter the contract. The existing (mothly) periodic tenancy just continues as before but with the new landlord receiving the rent. The deposit reains as before, but is now held by/owed by, the new landlord.

If the tenant WANTS a new contract, yes, he can sign a new one. In that case, it will have to be at whatever rent the new LL and tenant agree. The old deposit should be returned, less justified deductions (allowing for fair wear and tear).

If the tenant doe s not want a new contract, he can simply continue on the existing periodic one, at the original rent. The new LL then has a choice:
1) do nothing and continue to receive original rent
2) issue S21 giving the tenant 2 months notice
3) issue Notice to increase the rent as per Shelter guidance here by following a formal procedure set out by the Housing Act 1988 to propose a rent increase .

Brb

New L should have notified you formally. Demand that he serves:
a. old L's Letter of authority;
b. Notice under s.3 of LTA 1985 (without which new L commits a criminal offence); and
c. Notice under s.48 of LTA 1987 (without which new L cannot lawfully demand rent).

I have cut n paste the above from landlordzone - link to thread below:

http://www.landlordzone.co.uk/forums/showthread.php?15111-Change-of-landlord-tenant-not-formally-notified