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Landlord doesn't want to secure deposit, and wants us to pay him for council tax

Currently considering renting a flat from a private landlord, but the landlord has made it clear that he won't be securing the deposit (we have this in writing). What incentive is there for him to do this? I was thinking that maybe he's not planning on returning the deposit. But surely, for him, the risk involved in not securing the deposit is far greater than the financial reward of keeping our deposit?

He also wants to keep his name on the council tax and for us to pay him monthly for it. All other bills would be in our name. If we went ahead with this agreement, I'm guessing that it would be quite risky for us, since he could effectively pocket the money we pay him? And then we'd be chased for the council tax that hasn't been paid, as we're the occupants?
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Comments

  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wouldn't rent a flat from someone who is almost certainly up to something, or several somethings.. or terrifyingly clueless. Are you in England? Scotland has somewhat different rules but tbh this sounds dodgy anywhere!
  • flashg67
    flashg67 Posts: 4,150 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Surely there are honest. legal landlords you can find - run a mile from this one (and I'm a landlord!). He He needs reporting IMHO
  • antrobus
    antrobus Posts: 17,386 Forumite
    2bunnies wrote: »
    Currently considering renting a flat from a private landlord, but the landlord has made it clear that he won't be securing the deposit (we have this in writing). What incentive is there for him to do this?...

    The law requires deposits to be protected. Non compliance results in a fine, for one thing.

    https://www.gov.uk/tenancy-deposit-protection/overview
    2bunnies wrote: »
    ... I was thinking that maybe he's not planning on returning the deposit. But surely, for him, the risk involved in not securing the deposit is far greater than the financial reward of keeping our deposit?...

    I don't think that's the game he's playing.
    2bunnies wrote: »
    ....He also wants to keep his name on the council tax and for us to pay him monthly for it. ...

    That's the game he's playing. He doesn't want there to be a record of your tenancy available to the 'powers that be'. He wants to pretend that he's still living there and not you. The reason; tax evasion, and/or possibly some kind of benefit fraud.
    2bunnies wrote: »
    ...All other bills would be in our name. If we went ahead with this agreement, I'm guessing that it would be quite risky for us, since he could effectively pocket the money we pay him? And then we'd be chased for the council tax that hasn't been paid, as we're the occupants?

    Yes, the liability for CT normally lies with the occupier.

    I'd walk away and shop the blighter to HMRC. :)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    2bunnies wrote: »
    Currently considering renting a flat from a private landlord, but the landlord has made it clear that he won't be securing the deposit (we have this in writing). What incentive is there for him to do this? I was thinking that maybe he's not planning on returning the deposit. But surely, for him, the risk involved in not securing the deposit is far greater than the financial reward of keeping our deposit?

    He also wants to keep his name on the council tax and for us to pay him monthly for it. All other bills would be in our name. If we went ahead with this agreement, I'm guessing that it would be quite risky for us, since he could effectively pocket the money we pay him? And then we'd be chased for the council tax that hasn't been paid, as we're the occupants?

    There are a few cases where the landlord is liable for the council tax in law however the decision is not that of the landlord to make - the decision is made in law by the council.

    What can happen (and I've worked cases where it happens) is that the landlord's name is left on the council tax account and he then doesn't bother paying it. The council then chase the landlord, he provides tenancy agreements to show that there was a tenant and the tenant then gets a large backdated bill. The tenant then has to sort the council tax and try to chase the landlord for the council tax they'd already paid him.

    Craig
    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.
  • Walk, no run, run far away from this crook!!
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    On the bright side you'll almost certainly get your deposit back since the landlord won't want you reporting him and getting a fine.
    If you had a decent tenancy agreement that said he was liable for the council tax then if the council started chasing you, you could always take him to small claims court. If you think you can get the money off him when he loses that is.
    If you like to live in a property where you can blackmail the landlord it might be to your advantage.
    Personally I think I'd look elsewhere
    Changing the world, one sarcastic comment at a time.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Does the property look as if it is owned by the council? If so he could be wanting to do an illegal let.

    There is also the possibility that he doesn't own the flat and is renting it himself. This would lead to all sorts of problems for you.
  • walwyn1978
    walwyn1978 Posts: 837 Forumite
    Eighth Anniversary 500 Posts
    Don't do it, don't do it, don't do it, don't do it. Run away from this LL. This is potentially the thin end of the wedge, but even if not, you'd be exposing yourself to risk. Run away. Everyone who's posted above is in agreement, which is rare enough on here to tell you that he's a wrong un. Good luck finding somewhere else to live.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I too suspect subletting, that would be the main explanation for wanting to keep his name for CC purposes. I would not only tell them to take a hike, but look more into it and potentially report him for trying to sublet. You never know, if this is indeed the case, the LL might give him notice and then you could rent direct from the LL?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't take it - just report him to everybody that is relevant.
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