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Rent miscalculation (by Landlord) deducted from deposit?

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Comments

  • RAS
    RAS Posts: 36,149 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Firstly, which country are you in, England, Scotand etc?

    You should not have been paying Council tax to the landlord.

    As a tenand, YOU were responsible for the Council Tax payments and if he has not apid them, the bailiff will arrive at your door.

    So ring the Council and check that the CT was paid for the whole period you were there. I am also rather concerned about the massive rise in CT over the 2 years? Was the LL claiming as a single person before the increase?
    If you've have not made a mistake, you've made nothing
  • Nessynoo
    Nessynoo Posts: 469 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Did you pay the Council tax over 10 months or 12 months. Usually, a ctax bill is split into 10 instalments. I second what the two posters above me say. Check he paid the ctax, and at the right amount.
    "It's official, MSE's harbouring total fruitcakes"
    >^..^<
  • I had to make an account just to post this - but the reason your LL is getting you to pay him the council tax is almost certainly due to him fraudulently telling the bank he lives at the address so he can get a cheaper mortgage than paying the extra for a Buy to Let. It's a classic trick, personally if I was you I'd make him aware that you know this and offer to contact the council as he is breaking the law by claiming he lives there on the council electoral roll when he doesn't, see how much deposit he fancies taking then!
  • Tashd
    Tashd Posts: 8 Forumite
    I had to make an account just to post this - but the reason your LL is getting you to pay him the council tax is almost certainly due to him fraudulently telling the bank he lives at the address so he can get a cheaper mortgage than paying the extra for a Buy to Let. It's a classic trick, personally if I was you I'd make him aware that you know this and offer to contact the council as he is breaking the law by claiming he lives there on the council electoral roll when he doesn't, see how much deposit he fancies taking then!

    We are (or rather, were) registered on the council electoral role for the property so there's nothing dodgy about it. He offered to take it out of his name and out it into ours at the beginning of the tenancy but (probably wrongly now I think about it) we opted to keep it in his name so we had one less bill to think about...

    He has proof of the council tax payments, so no doubt it's all genuine...

    Think we may have to just surrender the shortfall :(
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He offered to take it out of his name and out it into ours at the beginning of the tenancy but (probably wrongly now I think about it) we opted to keep it in his name so we had one less bill to think about...

    I've said this hundreds of times on this - dont get involved in paying the landlord direct for council tax unless he is legally responsible for it.

    Ive lost track of the number of times Ive seen landlords take the money and not pay it to the council and then , when challenged, give the council details so that the tenants can made liable (as is legally correct) but keep any monies paid. The council then correctly chase the tenants and the tenants have to separately pursue the landlord.
    He has proof of the council tax payments, so no doubt it's all genuine...

    The council will be able to provide details of the amount payable for the band of your property - usually their website will show the charge for the last few years.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Yorkie1
    Yorkie1 Posts: 12,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As others have said, council tax is generally payable over 10 months - so either make sure that you are paying the annual amount divided by 12, or that if you paid his actual monthly payment then you get the 2 months off that he got.

    Also, if you were paying the water bill directly whilst also paying the LL £10 as per tenancy, make sure that that gets put into the calculation.
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