Housemates "forgot" to report my presence to the council

Jellz

Hello,

I am terrified and need some advice. I moved into a new home about a year and a half ago. I have an e-mail from my housemate stating that my rent includes council tax and that this is something they look after. In hindsight, should I have double checked that they are looking after it properly? Yes, I should have. But I never saw any official documentation and just assumed that they are paying and that for me it is "included in the rent".

He is on housing benefit, and now needs to provide a lot of information on who he lives with & who they are, which is how it emerged that I am non-existent in the records at this stage. He has to include me now, and he is aware of it, but there is a field there that says "change of circumstances and the date when this change happened" which is where I would fit in. He is suggesting we skip that field and just send them our most recent contract, which is more recent than my full tenancy and skips about a year with a hope that they do not follow it up. And that if they do, we can say we forgot that field .

I do not dare doing that. At the same time, we will HAVE to tell the council I live here, and their first question will be since when. The tax that they had been paying for a year and a half was significantly lower than the generic amount, as they claim benefits. I do not, nor am I entitled to. I have no idea what to do. I am tempted to ring the council and tell them I live here, with the correct date, and my housemates are telling me that will bring them ruin.

Scared and shocked and genuinely not sure what to do.

elsien

My initial thought is that it's his problem not yours given that the email says your council tax is included in the rent.
Who is the landlord, and what does your tenancy agreement say? Or are you a lodger?
But if he's chosen to defraud the benefit system, which it would appear that he has, then it's not your fault. Don't compound it by telling the council porkies. And less of the "we." If the form is for him to complete and sign, then don't get yourself mixed up with telling fibs for him.
If anyone asks or you need to sign anything then be completely honest about when you moved in. He clearly thought he could fiddle the system and now it's caught up with him it's for him to deal with the consequences.
What about the electoral register and any other forms asking who lives in the house? Are you not on any of those?

fatbelly

Jellz wrote: »

. I am tempted to ring the council and tell them I live here, with the correct date, and my housemates are telling me that will bring them ruin.

Scared and shocked and genuinely not sure what to do.

You should tell the truth, if asked.

boliston

Was the housemate claiming 25% single occupier council tax discount whilst you were lodging/renting there? Are you a lodger or are you and the housemate both on the tenancy agreement? All these things can make a difference.

Jellz

So:

The tenant is claiming housing benefits, along with some more, which allowed him a reduction in council tax due to low income (I think). I have no benefits or rights on any council tax reduction myself.

I am on the tenancy agreement, which is between the three of us living here and the landlord and says "council tax to be paid by the tenant". Our e-mail about council tax being included in my rent is separate and an agreement between us, not involving the landlord.

I am not on the electoral register, as I am not an EU or British citizen. I am registered as living in this home through many services (banks, phone companies), but not the Council.

I am thinking of letting him deal with his benefits claims and what he tells them, not signing anything there. To be honest, it is a private company hired by the council asked to follow up on these things, and they are asking "people who live in the house" to write their income along with some other information. I am tempted of writing them a letter and saying that yes I do live in that house but that I am a separate "household" from him, we do not share our incomes in any way and that I'd rather not list it in that way or even tell him what my income is as it is personal info. That they can contact me personally should they require any information from me, but since they are a company following on benefits claims, I don't really see why they would need income info of someone who is NOT claiming benefits, nor is in a partner / cost sharing relationship to someone that is.

Council, on the other hand, is something for both of us to deal with together. We now know that I need to tell them I live here, and he is suggesting we go to the Council together, tell them what happened, apologise...and see what happens. If we have to pay, we have to pay. I don't see a way of avoiding it as I will eventually need to tell them I live here, won't I?

Am I missing a better solution?

Thank you so so much for your advice, this has really thrown me off balance.

Voyager2002

Jellz wrote: »

So:

I am on the tenancy agreement, which is between the three of us living here and the landlord and says "council tax to be paid by the tenant". Our e-mail about council tax being included in my rent is separate and an agreement between us, not involving the landlord.

I am not on the electoral register, as I am not an EU or British citizen. I am registered as living in this home through many services (banks, phone companies), but not the Council.

I am thinking of letting him deal with his benefits claims and what he tells them, not signing anything there. To be honest, it is a private company hired by the council asked to follow up on these things, and they are asking "people who live in the house" to write their income along with some other information. I am tempted of writing them a letter and saying that yes I do live in that house but that I am a separate "household" from him, we do not share our incomes in any way and that I'd rather not list it in that way or even tell him what my income is as it is personal info. That they can contact me personally should they require any information from me, but since they are a company following on benefits claims, I don't really see why they would need income info of someone who is NOT claiming benefits, nor is in a partner / cost sharing relationship to someone that is.

Council, on the other hand, is something for both of us to deal with together. We now know that I need to tell them I live here, and he is suggesting we go to the Council together, tell them what happened, apologise...and see what happens. If we have to pay, we have to pay. I don't see a way of avoiding it as I will eventually need to tell them I live here, won't I?

Am I missing a better solution?

Thank you so so much for your advice, this has really thrown me off balance.

Probably not an issue: if there is just one person in a flat then there is a discount on the Council Tax (so some motive for fraudulently claiming to live alone when sharing), but whether there are two or three people the standard rate is usually charged.

So in your situation I would not waste your time going to the council to tell them in person -- just send in a little note.

CIS

By tenancy agreement - do you mean you are all on one agreement or that you sublet from the actual tenant?

If you're on one tenancy agreement then you can't make any agreement which removes your responsibility to be jointly liable for the council tax charge. Any agreement over how to split payments is purely personal and doesn't affect the legal determination of council tax liability.

The failure to advise the full information on a benefit claim is the claimants problem however the council may well look in to it further regarding any joint liability for the council tax.

Most likely for the council tax they'll backdate and issue a new demand notice but exactly what further action they take will depend on the circumstances.

Craig

boliston

It sounds to me like the other occupant might have been claiming "council tax benefit" based on his personal income. The incomes of other flatmates would not have any effect unless they were living as a couple which would imply that they had shared finances. Unless you are personally claiming an income based benefit then the council would have no interest in your income.

duchy

Simply I wouldn't lie as if they do check you presumablŷ have other records like employment, bank etc that would soon show you lied.

CIS

It would however effect the amount of council tax reduction paid as it would have been based on a 50% share rather than a 33% share so the OP will be jointly liable for the extra charge generated.

Craig

Apodemus

CIS wrote: »

...so the OP will be jointly liable for the extra charge generated...

A couple of posts have made this point, but surely the occupants are jointly AND SEVERALLY liable. In other words they can shake all of the occupants until they find one with deep enough pockets to pay what is due.