Shared Water Meter and Council Tax

Jendita

My partner and I moved into a new rented basement flat last Thursday and we've begun to sort out the utility providers. Gas and electric has been easy as we have our own meters outside for them, however, we rang the water company to find out that we share a water meter with the entire house. We then also went to ring up about council tax and we were then told that the property isn't divided into flats and it counts for the entire house.

So, rang up the letting agents, they said to assume that we don't need to pay it.

What do we need to do legally to make sure? It all seems a bit dodgy.

Thanks

RAS

Strongly suspect that your LL does not have either planning permission to convert the property to flats or Building Regs.

It probably also fall foul of the rules on House in Multiple Occupance (HMOs).

Landlords are responsible for paying CT for HMOs.

I suggest that you go onto the Council web-site and check all planning applications for your address. You might want to ring the Housing Department and ask if it is registered HMO?

G_M

What oes your tenancy agreement say about bills? Does it say you have to pay them, or they are included in the rent?

If it says nothing, or is vague, or says something conflicting with what the agent said (ie you must pay for water/council tax) then get confirmation from the agent IN WRITING.

Be aware that council tax is legally the responsibility of the occupant. However
1) if there is only one CT bill for the entire property, and, say, the landlord lives upstairs, then HE is an 'occupant' (as well as you0
2) if it is a HMO, then the landlord is always responsible for CT

But either way, get WRITTEN confirmation. That is the only way to avoid misunderstanding/disputes further down the line.

Fire_Fox

If this is self contained accommodation (a flat) it must be registered for council tax and you as resident are liable for it. You need confirmation from the council not the agent. If it is an HMO get confirmation from the council that it is properly registered as such and written confirmation from the landlord or his agent how this the bills are paid.
http://www.voa.gov.uk/corporate/_downloads/pdf/selfContainedUnitsFactsheet.pdf

princeofpounds

Yes it's quite possible you face that nasty dilemma here. Stay quiet and hope that the council doesn't find out. Or contact the council and hope the landlord doesn't retaliate with an eviction notice.

Jendita

G_M wrote: »

What oes your tenancy agreement say about bills? Does it say you have to pay them, or they are included in the rent?

The tenancy agreement says we're in charge of paying the utilities and the council tax, so we were really confused when we discovered that the council tax was for the whole house, as well as the water meter.

G_M wrote: »

If it says nothing, or is vague, or says something conflicting with what the agent said (ie you must pay for water/council tax) then get confirmation from the agent IN WRITING.

Trying to get hold of the letting agents now but they're being a pain. We've had a look upstairs and it seems to be just a house rather than split into flats. We're not sure if the landlady lives there or not as it is fully managed through the letting agents.

G_M wrote: »

Be aware that council tax is legally the responsibility of the occupant. However
1) if there is only one CT bill for the entire property, and, say, the landlord lives upstairs, then HE is an 'occupant' (as well as you0
2) if it is a HMO, then the landlord is always responsible for CT

But either way, get WRITTEN confirmation. That is the only way to avoid misunderstanding/disputes further down the line.

Until we can get hold of the letting agents is it safe to just wait it out? The letting agents told us that they notified the relevant authorities that we had moved in and we've yet to receive anything from any utility providers/council tax, hence why we had to ring up ourselves to find out.

Fire_Fox

Letting agents can't tell you what the council will do if and when they find out. I would be worried about fire safety - HMO licenses and planning permission for flat conversions address this.

CIS

The tenancy agreement says we're in charge of paying the utilities and the council tax, so we were really confused when we discovered that the council tax was for the whole house, as well as the water meter.

The tenancy agreement cannot override council tax legislation - if its a House in Multiple Occupation (HMO) for council tax purposes then the landlord is responsible for the council tax payments. They could then recover monies from you based on the tenancy agreement but that would be between you and them.

The only way to resolve the issue is to speak with the council.

olly300

princeofpounds wrote: »

Yes it's quite possible you face that nasty dilemma here. Stay quiet and hope that the council doesn't find out. Or contact the council and hope the landlord doesn't retaliate with an eviction notice.

I rather get evicted then die or escape from a building where someone else dies from smoke inhalation in a fire.

I lived in a 3 storey house which was a HMO and the landlord was paranoid about his fire safety.

agrinnall

princeofpounds wrote: »

Yes it's quite possible you face that nasty dilemma here. Stay quiet and hope that the council doesn't find out. Or contact the council and hope the landlord doesn't retaliate with an eviction notice.

I don't think it's a dilemma at all, given that the OP has only just moved in then there is a minimum of 6 months (plus time for eviction to be ordered by the court) before an eviction notice can be effective. I'd be getting this sorted out with the council and sod the LL, who is either a chancer or incompetent.

G_M

As suggested, clarify with the council.

But I would also clarify with the LL/agent. Forget "Trying to get hold of the letting agents now but ...". As advised above, do it in writing!

Write to the landlord and to the agent.

By law, you must have an address for the LL "for the serving of notices" though this may be c/o the agent. (Landlord and Tenant Act 1987 )

Also by law if you write to the agent, they must give you the LL's actual addres withing 14 days. (Landlord & Tenant Act 1985 )