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worried about council tax

ermm. not sure if this is the right board, but this post doesnt refer to tax credits or cutting tax so am posting here instead.

I am currently renting a flat which I share with one other person. We havent had any notification to pay the council tax since we moved in, in November last year and so I assumed that the council tax was included in our rent. However, have since read the contract more closely and we should be paying it (stupid of me not to have known this already, but it was in the days of yore before MSE when I didnt read the small print). Anyway have phoned the council to check and my landlady/the owner (who used to be the person who lived in the flat) is still paying it.
I dont know what to do, will my landlady be able to claim all of this money back off of the council having proved that we were living there since November instead?
I would probably be able to foot the bill since I have given myself loads of advance warning - however, I am really worried that my flat mate would not be able to (it should be split half and half) in fact I dont really trust her not to disappear and leave me to foot the entire bill if it should happen.
Should I keep quiet about the council tax or fess up and have to go through the stress of getting the money from my flat mate?
If its of any significance all of the paper work/ rent payment is done via a letting agency we hardly ever see the owner.
Thank you!
I've made my debts bite-size too depressing to look at all at once so am handling them one at a time - first up Graduate Loan £1720 paid off! only £280 to go!!!
Money to raise for tuition fees: £3000
When you get to the end of your rope, tie a knot and hang on!!
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Comments

  • Fran
    Fran Posts: 11,279 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    You just need to clarify this situation so you can stop worrying about it. Ring letting agency and ask them to confirm that landlady is paying council tax because you had thought it was included but have just found that contract says you should be. If the council say landlady is still paying it, then she will know that she is paying so hopefully you won't suddenly get a bill. Definitely get this sorted out now... potentially if you don't pay Council Tax you could end up in prison! :eek:
    Torgwen.......... :) ...........
  • Eliza252
    Eliza252 Posts: 449 Forumite
    I know, I had council tax nightmare last year where my flat mate had been hiding the bill, but then when the council finally got in touch with us by phone they took my details so I was responsible for the entire bill!
    anyway, the landlady is definately still paying it by direct debit, I was very thorough in confirming this with the council - however, it wouldnt surprise me if she hadnt noticed that its still going out of her account - she is very bad at paying her own bills, I know as we keep getting phone calls from creditors looking for her (for stupidly small amounts) and she still hasnt redirected ANY or her post (including bank statements and credit card bills! - nb, i know what they are from the outside of the envelope in case your worried i was opening her post!)
    I've made my debts bite-size too depressing to look at all at once so am handling them one at a time - first up Graduate Loan £1720 paid off! only £280 to go!!!
    Money to raise for tuition fees: £3000
    When you get to the end of your rope, tie a knot and hang on!!
  • Eliza252 wrote:
    I know, I had council tax nightmare last year where my flat mate had been hiding the bill, but then when the council finally got in touch with us by phone they took my details so I was responsible for the entire bill!
    what were they like when you contacted them? i assume they were fine as long as you paid them.
    'What's poignancy grandad?'

    'It's the cordon bleu of emotions sonny'
  • Eliza252
    Eliza252 Posts: 449 Forumite
    yep, the council basically didnt care - they pretty much disuaded me from pushing the issue any further with them. I can understand why:
    Council tax being payed by direct debit = happy council
    I guess I really want to know if there is a rule that says you can get your money back from the council if you were not actually living there when you payed the tax?

    nb. our property is in the cheapest band there is for council tax, am guessing this is part of the reason the landlady hasnt noticed...
    I've made my debts bite-size too depressing to look at all at once so am handling them one at a time - first up Graduate Loan £1720 paid off! only £280 to go!!!
    Money to raise for tuition fees: £3000
    When you get to the end of your rope, tie a knot and hang on!!
  • Fran
    Fran Posts: 11,279 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Why not give your Citizens Advice Bureau a ring? There is a hierarchy when it comes to paying council tax. It might well be that the owner comes top of the list whether or not they are staying there and that it's up to them to pass the bill on to you as next in the list or to put enough in the rent to cover it.
    Torgwen.......... :) ...........
  • wendiewoo
    wendiewoo Posts: 221 Forumite
    When I was alot younger we rented a house and didtn pay taxes as the landlords mortgage company did not allow him to rent his property so he paid the taxes to kindof prove he lived there as our rent helped him..he was living with his girlfriend..and covered mortgage payments as three of us rented rooms with him..just a thought..dont even know if it will apply in these days of poll tax.
    I wished upon a star tonight that I would see you once more,
    To hold you in my arms and tell you how much I love you,
    To hear your voice, to kiss your cheek oh for just one more time,
    But all I have are memories and a heart full of love and tears.
  • Eliza252
    Eliza252 Posts: 449 Forumite
    hmm... quite possible! I was beginning to be a bit suspicious about why she kept avoiding changing her postal address (we get ALL her stuff!) - maybe thats why. Anyway, have stopped pursuing it as our contract is due to end in July anyway. all the money that should have paid the council tax is sitting cozily in a savings account so if she doesnt ask for it by the time we leave I have a council tax fund to withdraw the next lot from - which would be nice!

    Am going to make sure that I get the deposit back for the flat - then I will be able to deduct my flat mates council tax from it
    I've made my debts bite-size too depressing to look at all at once so am handling them one at a time - first up Graduate Loan £1720 paid off! only £280 to go!!!
    Money to raise for tuition fees: £3000
    When you get to the end of your rope, tie a knot and hang on!!
  • roger56
    roger56 Posts: 478 Forumite
    If your rental contract says you should pay it and you signed the contract then you should pay it. On that basis I doubt very much if the landlady is paying.
    Has your flat mate also signed the contract? If you have stress getting them to pay fairly for council tax then are they really a mate?
    Best solution really is to explain the mis-understanding you had. Maybe a visit to the CAB first for advice. One point, if you default on the payments you are liable for then the landlady has reasonable reason to pay out of your deposit and also to include costs. As you've saved the council tax money anyway, it shouldn't be a problem to sort it now.

    From what you say, I get the impression your flat mate may not be known to the letting agency - are they sharing on the quiet? Read your contract carefully.
    ARLA (Association of Rental Letting Agents) have good advice at
    http://www.arla.co.uk/info/tenants.htm#dep_back
    Download this 2 page leaflet from the same site, it is good sound advice, covers deposits and works both ways:
    http://www.arla.co.uk/info/codeofpractice.htm

    Hope that helps
  • Eliza252
    Eliza252 Posts: 449 Forumite
    Hi, Thanks for the tips pages. The landlady is definately paying the council tax as I called the council to check. My flat mate - hmmm.. I dont see her very often. She is on the contract though - the problem is the way the contract is worded I dont think that the letting agency would pursue money on the basis that there is a 50/50 split in the finances, both names are on the contract but we are referred to as one payee, if you see what I mean - they would just pursue the person they've had the most contact with - which is me....
    If they were going to deduct the money from the deposit that would actually work out better for me, becuase at least they would be deducting the whole amount from the deposit which we both contributed equally towards - therefore I wouldnt have to worry about me paying the whole thing and then not getting the money back from flat mate. I do need to get the deposit back at the end of the year so that I can split it up and make sure I get my half back.
    I've made my debts bite-size too depressing to look at all at once so am handling them one at a time - first up Graduate Loan £1720 paid off! only £280 to go!!!
    Money to raise for tuition fees: £3000
    When you get to the end of your rope, tie a knot and hang on!!
  • fatbelly
    fatbelly Posts: 23,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Wendiewoo's explanation is possible. FYI, in England and Wales the hierarchy is:-

    a resident who owns the freehold of all or part of the dwelling

    a resident who has a lease (including assured and assured shorthold tenants) on all or part of the dwelling

    a resident who is a protected, statutory or secure tenant of the whole or part of the dwelling

    a resident who is a licensee in part or all of the dwelling
    other residents, such as squatters

    non-resident owners of the dwelling.
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