Council tax summons

zees

Hi All,

I am new to the board and Im not quite sure if this is the correct place to post but here goes.

I received a letter today summoning me to court claiming that I owe council tax for the flat that I rented for 8 months from 28.10.2011 - 26.05.2012.

The rental contract I signed through a known estate agent stated that my rental per month was inclusive of council tax.

I contacted the landlord who said he has a receipt for the period from the 28.10.2011 to 31.03.2012 but the remaining amount hasn't been paid.

Can I be still held liable for the council tax even though the tenancy agreement said it was inclusive in my rental? Isn't the landlord responsible for it in this instance?

Many thanks

Zees

Willing2Learn

Hi zees and welcome to the forum.

I suggest asking the landlord for a copy of the council tax payment receipt(s) and taking that, together with a copy of relevant tenancy agreement to a local solicitor.

Willing2Learn

And a as footnote with a little general information on liability below (I am not trained in this area of law so this is just what I 'think' I know. You should see a local solicitor to confirm liability).

For the majority of residential let property the Council Tax liability falls to the tenant, however in regard to Houses in Multiple Occupation (HMO) landlords are liable.

Local councils use a list, called the ‘hierarchy of liability’ to decide who is liable to pay Council Tax on a property. For example, in occupied self-contained flats or houses, the tenant is normally liable for Council Tax. Where there are two or more tenants living together on a joint tenancy they will be jointly and severally liable for Council Tax.

The tenancy agreement should make it clear where liability lies. Landlords should notify the local council of the name of the tenant(s) and when he/she moved in. Certain tenants may qualify for exemptions or discounts because of their circumstances but they will have to notify the council of their status.

When the tenancy comes to an end, the liability for Council Tax will revert to the landlord until a new tenant is found.

zees

thank you for your reply willing2learn.

Just find this all very frustrating. The estate agents sent me an email when I asked about the council tax and they said this was included in my monthly rental as did the tenancy agreement. I would have quite happily paid the council tax myself if I wasn't told before hand that I wouldn't need to do this as it was covered in the rental. I guess its a lesson for me renting my first property. But I still feel strongly that I shouldn't be liable based on the information that I was provided with.

Willing2Learn

zees wrote: »

The estate agents sent me an email when I asked about the council tax and they said this was included in my monthly rental as did the tenancy agreement.

Take a copy this email with you too if/when you a see a solicitor.

lincroft1710

As the tenant you are in law liable for the CT payment (assuming it is not a HMO). Therefore if all or part of the CT was not paid, it is you the council will chase. Any "agreement" between you and the LL about payment will be ignored by the council.

If you genuinely believe that part of the money you paid to the LL included an amount for CT then you could try to recover the amount you 're having to pay the council from him.

harz99

zees wrote: »

Hi All,

I am new to the board and Im not quite sure if this is the correct place to post but here goes.

I received a letter today summoning me to court claiming that I owe council tax for the flat that I rented for 8 months from 28.10.2011 - 26.05.2012.

Is the letter your first official contact regarding the arrears? Or is there more to this than you have said so far?

zees

harz99 wrote: »

Is the letter your first official contact regarding the arrears? Or is there more to this than you have said so far?

This is the first letter that I have read with regards to this matter.

zees

lincroft1710 wrote: »

As the tenant you are in law liable for the CT payment (assuming it is not a HMO). Therefore if all or part of the CT was not paid, it is you the council will chase. Any "agreement" between you and the LL about payment will be ignored by the council.

If you genuinely believe that part of the money you paid to the LL included an amount for CT then you could try to recover the amount you 're having to pay the council from him.

I contacted the landlord who says he has a receipt from the council for the period 28.10.2011 to 31.03.2012 for the property.

The council are also demanding this amount from me as well. (They shouldn't if he has paid that amount)

zees

lincroft1710 wrote: »

As the tenant you are in law liable for the CT payment (assuming it is not a HMO). Therefore if all or part of the CT was not paid, it is you the council will chase. Any "agreement" between you and the LL about payment will be ignored by the council.

If you genuinely believe that part of the money you paid to the LL included an amount for CT then you could try to recover the amount you 're having to pay the council from him.

I do believe that the council tax should have been paid for the full 8 months by the landlord. As the email and the tenancy agreement stated that the rent I paid per month was inclusive of the CT.

lincroft1710

zees wrote: »

I do believe that the council tax should have been paid for the full 8 months by the landlord. As the email and the tenancy agreement stated that the rent I paid per month was inclusive of the CT.

You will have to pay the council for the period 1-4-12 to 26-5-12, and then try to reclaim this amount from the LL. A professional LL should be aware that it is his tenant's responsibility for CT payment. If you were living alone in the flat then make sure you get the 25% single person discount.