Can my landlord withold my deposit over counci tax?

Uncle_Junior

Hi,

I have a problem with a landlord that hopefully someone can help me with.

I've recently moved abroad for work and, in the interim period between selling my house in England and emigrating, I rented an apartment for six weeks from a private landlord.

The problem I have is that he's refusing to return my deposit because I haven't provided proof that I have paid council tax while I was there. To tell the truth, because I was only going to be there for such a short time and paid cash in advance I didn't bother registering for council tax, largely to avoid the hassle.

I'd like to know if the landlord is within his rights to do this? He asked me for proof of payment of utility bills and I have provided these, but I've never heard of a tenant being asked to prove they've paid council tax before, I always thought that was nothing to do with the landlord and if the council wanted to chase me then that's between me and them.

Any information anyone can give me would be very much appreciated!

justjohn

in SCOTLAND council tax is the tenants problem and not the landlords.
council chase the tenant..provided the tenant is reged with council

CIS

He has no right - the payment of any council tax you may have been liable for is between yourself and the council. (landlords are only liable for the council tax in this case if they were resident in the property or the property was an HMO )

I've lost track of the number of times I've had similar queries from tax payers and not once have I ever seen the landlord actually pay any money from the retained deposit to the council.

anselld

Why not just pay the Council Tax you are liable for and reclaim your deposit?
If you hold out you will probably win the deposit as above but the LL will simply report your liability to Council enforcement and they will be chasing you for non-payment.

Uncle_Junior

CIS wrote: »

He has no right - the payment of any council tax you may have been liable for is between yourself and the council. (landlords are only liable for the council tax in this case if they were resident in the property or the property was an HMO )

I've lost track of the number of times I've had similar queries from tax payers and not once have I ever seen the landlord actually pay any money from the retained deposit to the council.

Thanks, that's really useful! Can you tell me who I would go to to contest this? I'm pretty clueless on such issues.

Edit: Also could you point me to the piece of legislation where this is set out please? In case I need to bring it to my landlord's attention. I'm going to try and reason with him first before I bring this up.

Uncle_Junior

anselld wrote: »

Why not just pay the Council Tax you are liable for and reclaim your deposit?
If you hold out you will probably win the deposit as above but the LL will simply report your liability to Council enforcement and they will be chasing you for non-payment.

It's a fair point, but I was trying to avoid hassle when I avoided registering with them for that period in the first place, it'll be even more of a hassle to have to register for it now I'm abroad.

I understand what you say about the liability, but since it's only 6 weeks worth and I'm extremely unlikely to return to living in England in the next few years, I'm happy to take my chances with that.

anselld

Uncle_Junior wrote: »

avoid hassle

You mean avoid paying!

Your choice but I suspect you risk a lot more hassle this way and possibly a CCJ when/if you return.

Uncle_Junior

anselld wrote: »

You mean avoid paying!

Your choice but I suspect you risk a lot more hassle this way and possibly a CCJ when/if you return.

No, I don't.

As you say though it's my choice, I'm just looking for info on my legal position in regards to the landlord.

Thanks

anselld

Uncle_Junior wrote: »

No, I don't.

As you say though it's my choice, I'm just looking for info on my legal position in regards to the landlord.

Thanks

... and you are asking a Council Tax Recovery officer ... oh the irony :-)

Anyway, you can challenge the non-return of deposit through whichever Deposit Protection Scheme it is registered with. Those details should have been supplied at start of tenancy. If they have not been supplied ring up the three schemes.

If the deposit was not protected you will need to lodge a claim via the small claims court.

Mallotum_X

Whilst the landlord shouldnt really withhold the money, to be honest I say good on him. You owe the money, why should the rest of us be expected to make up the shortfall, as you want to steal from us all.

Man up and pay your way.

19lottie82

so, it's not legal (in scotland), for a landlord to put a clause in the lease detailing that one of the terms of the deposit return being that the tennant provides proof that all bills have been paid to date?