Council Tax Bill Received - Supposed to be paid by landlord?

MrJester

Don't get much time to ring them during their open hours but I sent an email, hopefully I receive a response shortly from my local council office. Or will have to follow up with a call, tomorrow might be able to.
Very eager just to find out if they have registered this as an HMO or not, though its likely they haven't.

Will update with how this goes!

anselld

JoeJester wrote: »

Excellent advice, thank you GM! Time to get me some rent moneys back then..

Don't get too eager - why not just sort out the main issue ( CT) rather than assuming you can screw over the LL.

Not all HMOs require a license. In this case it would only require a license if it has three or more stories or if the Council has additional local licensing requirements.

It may already be registered.

If it is not registered and it needs to be then the Council will take enforcement action which will give the LL oportunity to comply before prosecution.

The fact that the LL may or may not be pretending to live there has no impact on the status as an HMO or the requirement for licensing so it is really none of your business.

You are asking for trouble by interfering with the LLs mail. The LL is entitled to enter the communal areas of an HMO without notice.

MrJester

anselld wrote: »

Don't get too eager - why not just sort out the main issue ( CT) rather than assuming you can screw over the LL.

Not all HMOs require a license. In this case it would only require a license if it has three or more stories or if the Council has additional local licensing requirements.

It may already be registered.

If it is not registered and it needs to be then the Council will take enforcement action which will give the LL oportunity to comply before prosecution.

The fact that the LL may or may not be pretending to live there has no impact on the status as an HMO or the requirement for licensing so it is really none of your business.

You are asking for trouble by interfering with the LLs mail. The LL is entitled to enter the communal areas of an HMO without notice.

Sorting out the council tax issue IS a case of finding out whether this is a registered HMO or not because I should not be liable for council tax payment, the LL is supposed to handle it.
This HMO in particular is a large HMO, as it is three storeys etc, I've read all the info and it matches.

If the LL sorts out the HMO license then fine. The main priority is not being charged myself for this entire houses council tax!

If the LL pretends to live here then it is my business as I am paying to live here, what if I had to make income support claims and prove who and did not live here? That is just daft to not be bothered about someone essentially being dodgy with the property I live at, I will not allow it.

I think you'll find that both agent and LL have to allow tenants quiet enjoyment of the property and when they are coming in unannounced they are not following that so I am well within my rights to be annoyed about it.
Anyways the letters thing I simply am writing unknown return to sender on post for names that don't live here and popping back in the post box. Nothing wrong with that at all, I have no idea which name is the LL if any.

theartfullodger

JoeJester wrote: »

...

.. I have no idea which name is the LL if any.

Do you have written tenancy agreement?? Does it give name & address of landlord, if so is address where you live??

MrJester

theartfullodger wrote: »

Do you have written tenancy agreement?? Does it give name & address of landlord, if so is address where you live??

I have a written tenancy agreement with the property agent. I can't remember off the top of my head, but I don't think it had any LL address or name.
At work now but I'll check that when I get in about 4.

anselld

JoeJester wrote: »

The main priority is not being charged myself for this entire houses council tax!

Thats fair enough, do that then. The rest is just going to cause you more problems.

JoeJester wrote: »

I think you'll find that both agent and LL have to allow tenants quiet enjoyment of the property and when they are coming in unannounced they are not following that so I am well within my rights to be annoyed about it.

Quiet enjoyment of your property (ie your room) is not compromised by the LL and agent accessing the communal areas of a large HMO.

MrJester

anselld wrote: »

Thats fair enough, do that then. The rest is just going to cause you more problems.

Quiet enjoyment of your property (ie your room) is not compromised by the LL and agent accessing the communal areas of a large HMO.

Large HMO or not. It is still liable:

"Landlord and Tenant Act 1985"

Section 8 Implied terms as to fitness for human habitation
(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
(2)The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.

A LL may own the property outright, but it does not mean they can go what they want with/in/it.

Quite aware that this act is often disregarded in most circumstances, but on the whole what it comes down to is "quiet enjoyment of the premises" and I consider unannounced entry in the property late at night as worrying behavior when I LIVE there, and thus is not allowing for quiet enjoyment of the property.

'My property' is not just my room, the communal areas are also a shared extension of that. Communal or not I am paying my share for those areas.

Bluebirdman_of_Alcathays

Get the CT sorted is your main priority, and this shouldn't be too difficult. Speak to them, emails get ignored.

However, I don't understand your antagonism and how this has turned into another "quiet enjoyment" bunfight. Less than 48 hours ago you didn't understand that the LA is the LL's customer and not yours. I'd be careful of throwing legal arguments around - HMO legislation was written in 2004, the 1985 act you quote pertains only to your private area (ie your room).

jjlandlord

JoeJester wrote: »

'My property' is not just my room, the communal areas are also a shared extension of that. Communal or not I am paying my share for those areas.

Very nice...

However you only have a tenancy for, and thus exclusive possession of, your room (which is where the statute you quoted applies).
You only have in effect a license over the communal parts. As such your landlord may enter the communal parts whenever he pleases, without notice.

MrJester

Bluebirdman_of_Alcathays wrote: »

Get the CT sorted is your main priority, and this shouldn't be too difficult. Speak to them, emails get ignored.

However, I don't understand your antagonism and how this has turned into another "quiet enjoyment" bunfight. Less than 48 hours ago you didn't understand that the LA is the LL's customer and not yours. I'd be careful of throwing legal arguments around - HMO legislation was written in 2004, the 1985 act you quote pertains only to your private area (ie your room).

It's antagonising when a reply assumes that I don't have the right to be frustrated at this point with a series of events of both a LL and a property agent who are obviously incompetent beyond measure.
It went into a quiet enjoyment bunfight, as you call it, as anselld seems to have no sympathy for my frustration as a tenant who believes I have a clear argument to not be happy with the way the LL & agent acts. The specifics of the law aside, it's just not acceptable and I won't stand for it.

I'll be ringing CT office up today as I finish work early to get this sorted out.

Thanks for clearing that the act only covers my specific private area. It's not ever going to be used for any of this, this all just stemmed from me mentioning that an added frustration of this tenancy was that the LL felt just entered the property randomly to look at mail.
If I see mail that isn't for anyone in this house then it's going back in the post box as return to sender, as I don't even have information of who the LL is.