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How to handle the dodgy landlord.

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  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 September 2013 at 8:44PM
    We are, unfortunately, totally liable.
    Are you jointly liable for the full rent on the entire property along with the other 'tenants' ? . If not then its a HMO for council tax purposes and the landlord is liable for the payments.

    You would only become liable for the council tax if all of the occupiers were liable for the entire rent on the whole property OR each flat is individually banded by the VOA.

    There is also the added complication that, if it's only banded as one property, then it may fall under the definition of a licensed HMO in which case it's automatically a HMO for council tax purposes.
    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.
  • Could it be an HMO if the property is split into four self-contained studio-flats?
  • It's my understanding that my landlord managed to convince them it was "banded wrongly" and basically escaped prison. We all (all tenants) now get seperate CT bills.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We all (all tenants) now get seperate CT bills.

    If it's now been banded separately then there's not a lot you can do for the council tax liability. You need to take civil action against the landlord for the monies.
    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.
  • CIS wrote: »
    If it's now been banded separately then there's not a lot you can do for the council tax liability. You need to take civil action against the landlord for the monies.

    CIS; how would this, if at all, affect the back-payment we owe the council? By which I mean, could I take him to court for the council tax bill that ended up in my lap?
  • Tinks32
    Tinks32 Posts: 286 Forumite
    I will totally get slated for this but I am all for freedom of choice, there is a no win no fee company (that can sue your Landlord on your behalf) that I am not allowed to name on this forum. They do charge 35% but do all the hard work for you. Type in deposit claimline to your search engine if you would like to find out more. The good thing is it won't cost you a penny until they get the money from the LL, then you are still going to end up with more money back than your original deposit. However you can try to DIY it, works for some people. Your LL sounds like a right rogue, if I were you, I might even be tempted to visit the other properties he owns and let the tenants know about him not protecting deposits. ;)
    If you don't ask, you don't get! ;)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    By which I mean, could I take him to court for the council tax bill that ended up in my lap?

    You can do - based on the agreement he made to pay the council tax.

    This does not stop the council chasing you for the monies in the meantime.
    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.
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