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Can my landlord withold my deposit over counci tax?

2

Comments

  • johnbusby
    johnbusby Posts: 181 Forumite
    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


    I don't think you deserve any advice, who do you think has to pay for the shortfall created by people evading council tax?

    Go and see a solicitor if you want advice, you should have an extra few pounds to pay for it now :mad:. Fair play to your landlord, I hope you get whats coming to you....
  • anselld
    anselld Posts: 8,689 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 12 October 2011 at 9:20AM
    19lottie82 wrote: »
    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?

    Yes, it is legal.

    http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/problems_getting_your_deposit_back#0
  • johnbusby wrote: »
    I don't think you deserve any advice, who do you think has to pay for the shortfall created by people evading council tax?

    Go and see a solicitor if you want advice, you should have an extra few pounds to pay for it now :mad:. Fair play to your landlord, I hope you get whats coming to you....

    :rotfl:

    Deary me.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If the council cannot collect from the tenant (as here since you are overseas) they will move to either collect from the owner (landlord) or impose a penalty on the owner for not providing sufficient timely information to allow them to collect from the tenant.

    Assuming the LL knows you are abroad, he is likely to present your overseas address as supporting evidence for his deposit deduction to the arbitrator, together with the relevant council tax bill. I cannot say what the arbitrator would decide faced with that, but I know what I think they should decide,
  • Tospot landlord trying to rip off tenant who he knows is going overseas. That is the issue here, not some trumped up charge of council tax evasion.
  • noh
    noh Posts: 5,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Tospot landlord trying to rip off tenant who he knows is going overseas. That is the issue here, not some trumped up charge of council tax evasion.

    It's not "trumped up".
    The OP has admitted he evaded paying council tax,
  • missile
    missile Posts: 11,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Tospot landlord trying to rip off tenant who he knows is going overseas. That is the issue here, not some trumped up charge of council tax evasion.

    No he is not. LL is trying to get his tenant to meet his obligations. As pointed out by GM, the council may chase LL for the unpaid council tax. Perhaps LL has been stung before?

    OP should own up and pay up.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • Brb
    Brb Posts: 472 Forumite
    The utility bills was no business of the LL. Council tax however can be claimed back from the LL if a T doesn't pay it.
    Inside this body lays one of a skinny woman
    but I can usually shut her up with chocolate!

    When I thank a post in a thread I've not posted in,
    it means that I agree with that post and have nothing further to add.
  • johnbusby
    johnbusby Posts: 181 Forumite
    :rotfl:

    Deary me.

    Do you not find it ironic that you are asking advice from the people that you are ripping off? (i.e. the people that actually meet their tax obligations in this country)
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Can one seriously be liable for council tax for 6 weeks? This can't be a main residence, surely? More like a 6-week holiday home?

    If OP is liable then obviously he should pay - couldn't be that much for 6 weeks ... On the other hand, I still want to know on what type of agreement this 6-week "rental" occurred.
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