Landlord / Council Tax Issue

avfc78

Please help / advise as best as you can forum members!

I moved into rented accomodation in September 2002 and stayed there for three years. The property was a new home as an extra storey was placed on tiop of an existing property, and i believe this may not have been registered wityh the local authorities.

I paid £700 per month and this was to be inclusive of bills. Duruing this time, i never paid councuil tax, water, gas or electricity, and there was no problem with this - and i continued to pay my rent each month.

Shortly after moving home and registering for council tax at my new property (in the same borough) i was sent backdated bills for the previous property. I explianed the situation and have swapped emails etc but am being told that as tennant, the onus is on me to pay up - and to try to recover the mioney from the lettings agency.

I am being threatened with bailiffs etc if i do not pay. The local authority have sent bills also to the landlord, but these are being ignored.

The landlord is still advertising (on websites like gumtree) for all inclusive rental properties.

The contract that was signed does not specifically mention council tax in the list of uinclusive items, but that was verbally stated when moving in.

Another issue is taht we only signed a 12 month lease when moving in even though we stayed for three years. The landlord / letting agency have supplied false forged supposed contracts signed by us. I do not know if this is relevant - but again is indicative of their impropriety.

I seem to be hitting a brick wall as the council say that i am liable, i do not have the money (£3,000 or so) and i am getting stressed by the whole affair.

I would REALLY appreciate any advice/help/suggestions.

David.

Mikeyorks

See 'Who is responsible for paying the Bill?' ... half way down this page :-

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/CouncilTax/DG_10037383

The fact they have sent bills to the landlord probably helps your case. But unless the landlord also lived in the property .. the 'who pays' appears to drop down to you. In which case - make an appointment for advice with your local CAB?

avfc78

This link that you posted seems to also indicate that i must pay. I do not have the money though - it seems that there is fraud and deception going on from the landlord. I paid the rent in good faith expecting, and having been told that the additional bills were going to be taken care of.

It seems very unfair that i have to pay the same bills twice over - and i am not in a position to do this.

Any suggestions at how this can be avoided (paying) I don't want to braek the law or anything - i just feel that morally and ethically is hould not pay!

Mikeyorks

avfc78 wrote:

Any suggestions at how this can be avoided (paying) I don't want to braek the law or anything - i just feel that morally and ethically is hould not pay!

As my previous post - get down to the CAB (Citizens Advice Bureau) - they're reputedly good with stuff like this. And will have contacts within the Council Tax area they can talk to. But .. make an appointment .. don't just walk in. And they'll advise what documents to bring. Would aso copy the current ads off Gumtree -- bit of superficial evidence, but at least it's pointing in your direction.

And .. my son's moving into a similar place in London next week - with all bills paid. Thanks to your prompting .. have just copied the ad into Word to keep .. just in case. So, thanks for that. And hope CAB can help with a bit of local clout.

avfc78

will contact the CAB - any other adavice apreciated (-:

olly300

The second poster is right get to the CAB asap. The baliffs will take your stuff if you don't pay up or alternatively you can be imprisoned for not paying.

clutton_2

what does your tenancy agreement say specifically about Council Tax ? if it is not mentioned, you could argue that you are not responsible - but councils will go after the person who is the easiest target and who they think they can get the money out of.

I suspect that Shelter maybe keener on Landlord and Tenant Law than CAB

Missy79

It sounds like you are responsible ultimately for paying the council tax - you could try and set up a repayment plan with them after explaining your situation. If I were you and you have evidence that your landlord has been forging your signature on documents etc I would make a complaint to the police. They are not that likely to do anything but I would think this would back-up your case with the council.
Your could try and take him/her to small claims court then and reclaim the money you have had to pay for council tax if you have any evidence/documents supporting the fact that they were supposed to have been paying all bills.

Gorgeous_George

If CT was due on your rental property, the council should have informed you years ago. I assume it has taken this long for them to be informed/find out that the properrty exists. Sounds like LL evading CT.

You need to check your tenancy agreement. If these have been forged, report the matter to the Police (obtaining money by deception would do for a start). The agreement should say what is and what is no included. 'All bills' would mean just that.



GG

barnaby-bear

avfc78 wrote:

Please help / advise as best as you can forum members!

I moved into rented accomodation in September 2002 and stayed there for three years. The property was a new home as an extra storey was placed on tiop of an existing property, and i believe this may not have been registered wityh the local authorities.

I paid £700 per month and this was to be inclusive of bills. Duruing this time, i never paid councuil tax, water, gas or electricity, and there was no problem with this - and i continued to pay my rent each month.

Shortly after moving home and registering for council tax at my new property (in the same borough) i was sent backdated bills for the previous property. I explianed the situation and have swapped emails etc but am being told that as tennant, the onus is on me to pay up - and to try to recover the mioney from the lettings agency.

I am being threatened with bailiffs etc if i do not pay. The local authority have sent bills also to the landlord, but these are being ignored.

The landlord is still advertising (on websites like gumtree) for all inclusive rental properties.

The contract that was signed does not specifically mention council tax in the list of uinclusive items, but that was verbally stated when moving in.

Another issue is taht we only signed a 12 month lease when moving in even though we stayed for three years. The landlord / letting agency have supplied false forged supposed contracts signed by us. I do not know if this is relevant - but again is indicative of their impropriety.

I seem to be hitting a brick wall as the council say that i am liable, i do not have the money (£3,000 or so) and i am getting stressed by the whole affair.

I would REALLY appreciate any advice/help/suggestions.

David.

http://www.lbwf.gov.uk/index/council/council-tax-finance/council-tax/who-pay-ctax.htm

I'd argue you were told extra floor annexe to main address and therefore owner responsible because "the property is let to more than one household, for example hostels, or buildings containing bedsits with people who share facilities; or
".

avfc78

thanks for advice so far, i will keep you posted........