Landlord didn't pay council tax as agreed - legal help much appreciated

windass

Hello, I have an issue with an ex-landlord, help with which would be much appreciated.

I signed a tenancy agreement which specifically said in a separate clause that "the landlord agrees to pay the council tax". If this was not the case I would not have agreed to it.

However, they didn't.

I moved out not knowing this and have now been hit with a huge bill which I have been forced to pay.

I send a letter to the landlord telling them to pay as per the contract, however they still haven't.

Do I have the right to take legal action?

Thanks very much for any help.

windass

G_M

If it was in the contract then of course.

McKneff

How have you been forced to pay, all you had to do was show them the contract.

Was your name on the council tax bill then. Were they delivered to your house.

If you have already paid it, why did you write to the landlord to pay it.

You should have been asking hime to reimburse you.

More details please.

G_M

McKneff wrote: »

How have you been forced to pay, all you had to do was show them the contract. Not so simple. Council would not accept that - the 'Occupier' is liable for CT in the 1st instance and that is who they will chase. Via the courts if necessary (as may have been the case here)

Was your name on the council tax bill then. Were they delivered to your house. Good Q, but does not alter fact council will chase 'occupier'.

If you have already paid it, why did you write to the landlord to pay it. I'm guessing OP means he wants LL to pay him for the CT the council made him pay. I may be wrong though.

You should have been asking hime to reimburse you. Indeed

More details please.

If you've paid the CT, and your tenancy greement says the LL will pay, you claim the amount of the LL, initially by letter and eventually via the courts.

windass

Thanks for your help.

I received a letter at my new address with my name on after the council found my forwarded address.

I was forced to pay as the landlord hadn't and I was being threatened with a summons. As you correctly say the occupier is liable so I didn't want to take a risk.

I will take enforce legal action if they do not pay.

thelem

windass wrote: »

As you correctly say the occupier is liable so I didn't want to take a risk.

Unless it was an HMO, in which case the landlord is liable, although in your case you say I not we, so it sounds like it isn't an HMO.

windass

thelem wrote: »

Unless it was an HMO, in which case the landlord is liable, although in your case you say I not we, so it sounds like it isn't an HMO.

What's an HMO?

Mozzanov

windass wrote: »

What's an HMO?

House of multiple occupancy, but it seems like you were the sole occupant?

Good luck with the retrieval, mate.

McKneff

No answer yet as to whose name was on the counci tax bill.

julieb1987

McKneff wrote: »

No answer yet as to whose name was on the counci tax bill.

Erm...OP has already said it was sent to their new address with their name on.

princeofpounds

Who is liable for council tax is determined by the hierarchy of liability. Unless you were in some way exempt (in an HMO, a student, etc) then you will be liable before the landlord in the eyes of the law.

Contracting with the LL for them to pay the bill does not change anything in terms of your relationship with the council.

However, you can apply to the courts to have that contract enforced, probably through the small claims court, but it depends on the amount involved.

You will need to write a letter before action to the LL and then start a claim. In the meantime, you are probably best off settling with the council.