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Landlord wants us to lie about Council Tax
Comments
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It might be better to have all your names on as that means you will have joint liability for the bills - if only 2 have their names on the bill then I'd suggest that you make sure that some of the other bills are in the names of those who are not on the council tax, so that you all have something in your names!
I'd also be wary about what else she may be skimping r being less than honest about .All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
wacklepudding wrote: »Thanks Craig. So, just to be clear, it is the landlord, rather than us as tenants, who is liable if we go along with what she says and only put two names on the council tax.
Also, would not being able to show we paid council tax effect us in any other way? For example our credit score?
In a Council Tax HMO the legal liability rests with the landlord under legislation - you can advise the council you're resident (and make sure they know it's a Council Tax HMO) but the ultimate responsibility falls on the the landlord.
Council Tax doesn't affect a credit record - the only way it would effect it is they ultimately made a person bankrupt for non-payment. As it stands at the moment Council Tax liability orders don't get listed with the Registry Trust (the central public record for CCJ's etc) and so don't find there way through to credit records.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.0 -
It might be better to have all your names on as that means you will have joint liability for the bills - if only 2 have their names on the bill then I'd suggest that you make sure that some of the other bills are in the names of those who are not on the council tax, so that you all have something in your names!
I'd also be wary about what else she may be skimping r being less than honest about .
If it's a council tax HMO then it's only the landlord who is liable for the charge. The council will hold the occupiers details as residents but most councils will not display the occupiers names on the demand notice (not enough space to do so in most cases) as they don't need to.
CraigI 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.0 -
Council tax isn't reported to the credit reference agencies unless you fall into arrears.
Even then it's not (currently) - that may be changing from what I've heard (only vague rumours currently though).
CraigI 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.0 -
Isn't the LL's motive to avoid paying the CT herself which she should do with an HMO? I'm sure she would be happy to let the tenants continue paying the bill.0
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Isn't the LL's motive to avoid paying the CT herself which she should do with an HMO? I'm sure she would be happy to let the tenants continue paying the bill.
The OP's original post suggests the L/L is aware of potential licensing issues but there may be more to it.
It's hard to tell whether the council are already aware if it's a Council Tax HMO. I'd suggest the OP supplies a copy of the tenancy agreement to the council.
L/L's will often concede that it's a Council Tax HMO but try to keep the declared number of occupants under the threshold for a licensed HMO.
CraigI 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.0 -
The local authority licence may not be for a HMO for this property. Might be for a single family dwelling only.0
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Just to re-iterate posts above, there is a distinction beyween a 'council tax HMO' and a 'licenced HMO'.
By keeping the number of occupants hidden the LL may avoid having to licence the HMO which can be expensive.
Additional question - what does your tenancy agreement say about council tax? Who does it say is liable for the cost? (this is not necessarily the same person who is liable by law for actually paying the CT.)0
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