Council Tax Issue

edibletoast

Hi All,

Please let me know if I am posting this in the wrong forum/section.

My girlfriend and I have been renting a small flat in central London for the last 9 months, we're coming to the end of our 12 months tenancy and intend on moving out.

Upon telling the landlord that we intend on leaving at the end of our tenancy they sent over a checklist of things they need from us, one of these being proof of paid council tax. Now the issue is that we have never paid for any council tax as we've not had a bill for council tax from the local council (Southwark). despite us trying to register for it multiple times. The landlord knows we have had problems registering and they have also been trying to register everyone in the block to no avail for the last 6 months.

We of course have no problem paying the correct council tax, however we are worried that the landlord is going to take money from the deposit (as stated in our contract) without actually knowing how much we owe the council since we've never had a bill for it. Our deposit is being held in TDS.

I believe the issue all stems from the fact that the building used to contain 4 larger flats, but was recently renovated to 8 small one bed flats. The council still thinks it's 4 flats, and all post is still addressed to flat numbers that do not exist anymore.

Where do we stand on this? Will the landlord have to provide some sort of proof of how much we owe? Or can they just say it will be £1000 and ask us for that?

Thanks,

AdrianC

If the tenant doesn't pay, then the landlord is liable. Which is why they want proof you've paid.

The amount of CT for each property band is known.
https://www.kfh.co.uk/south-east-london-and-north-kent/southwark-london-borough/council-tax

If these flats don't have a band allocated, then that's a part of the problem - but it won't be hard to guess which band it's likely to be in. Have you got that amount available...?

KatrinaWaves

AdrianC wrote: »

If the tenant doesn't pay, then the landlord is liable. Which is why they want proof you've paid.

Unless its a HMO, which it doesnt sound like, sounds like 8 self contained flats, then the landlord is not liable for the tenants CT liability.

You do not need to prove to your landlord that you have paid, it is nothing to do with the LL. However, I'd def have the Band A amount ready to pay the council. Councils can be slow but this work has been completed at least 9 months. If it has been done officially then there is no reason it should have taken this long for the addressing to be updated. Makes me wonder how official these conversions have been.

Comms69

edibletoast wrote: »

Hi All,

Please let me know if I am posting this in the wrong forum/section.

My girlfriend and I have been renting a small flat in central London for the last 9 months, we're coming to the end of our 12 months tenancy and intend on moving out. - 3 months isn't 'coming to the end'

Upon telling the landlord that we intend on leaving at the end of our tenancy they sent over a checklist of things they need from us, one of these being proof of paid council tax. Now the issue is that we have never paid for any council tax as we've not had a bill for council tax from the local council (Southwark). despite us trying to register for it multiple times. The landlord knows we have had problems registering and they have also been trying to register everyone in the block to no avail for the last 6 months. - You don't have to show the landlord anything in relation to any bills. You do owe the council the council tax though....

We of course have no problem paying the correct council tax, however we are worried that the landlord is going to take money from the deposit (as stated in our contract) without actually knowing how much we owe the council since we've never had a bill for it. Our deposit is being held in TDS. - he cant

I believe the issue all stems from the fact that the building used to contain 4 larger flats, but was recently renovated to 8 small one bed flats. The council still thinks it's 4 flats, and all post is still addressed to flat numbers that do not exist anymore.

Where do we stand on this? Will the landlord have to provide some sort of proof of how much we owe? Or can they just say it will be £1000 and ask us for that?

Thanks,

Do you really think that a landlord - ie some bloke - can just make up a number and get it paid? Come on


He has no claim against your deposit for this reason

CIS

If the tenant doesn't pay, then the landlord is liable. Which is why they want proof you've paid.

Not quite - the landlord may have been made liable in the absence of any information to the council to the contrary but that is easily solved by providing evidence of the tenancy. If the tenants then don't pay it has no bearing at all on the landlord.

CIS

I believe the issue all stems from the fact that the building used to contain 4 larger flats, but was recently renovated to 8 small one bed flats. The council still thinks it's 4 flats, and all post is still addressed to flat numbers that do not exist anymore.

In which case the council will continue to bill the 4 flats until the VOA tell them the properties no longer officially exist. The VOA will then create the 8 new properties and the council will be give the details so that they can begin billing.

Unless it was a council tax HMO then council is between you and the council, it does not affect the landlord (assuming he demonstrates to the council that it was tenanted).

edibletoast

Thanks for all the quick responses

We have the money to pay for the council tax when it does eventually turn up so that's not an issue.

You do not need to prove to your landlord that you have paid, it is nothing to do with the LL. However, I'd def have the Band A amount ready to pay the council. Councils can be slow but this work has been completed at least 9 months. If it has been done officially then there is no reason it should have taken this long for the addressing to be updated. Makes me wonder how official these conversions have been.

I do question how official it has been. When I was contacting the council to register for council tax they seemed to have no idea of the change and asked me to send my AST to prove that the flat I was trying to register for actually existed. They however never got back to me after I sent it in - over 6 months ago.

Unless it was a council tax HMO then council is between you and the council, it does not affect the landlord (assuming he demonstrates to the council that it was tenanted).

Is there any official documents stating this which I can use to rebut them if they do ask for us to pay council tax directly to them/out of the deposit?

Thanks again everyone.

CIS

Is there any official documents stating this which I can use to rebut them if they do ask for us to pay council tax directly to them/out of the deposit?

Not as such (other than a council tax demand or some other written document). The HMO legislation for council tax is quite clear though.

I do question how official it has been. When I was contacting the council to register for council tax they seemed to have no idea of the change and asked me to send my AST to prove that the flat I was trying to register for actually existed. They however never got back to me after I sent it in - over 6 months ago.

Legality of it doesn't negate the VOA treating it as residential however it makes you wonder what else he has avoided.

SmashedAvacado

OP - once you leave make sure you continue to be on at southwark - i had an issue a few years back in a new build where i got the council tax bill i'd been chasing for about 12 months and a summons for non payment on the same day. Not ideal. Not impressive. You don't want them to do that with you and send it the flat as you'd end up with a CCJ if the bill doesnt get forwarded to you.

CIS

SmashedAvacado wrote: »

OP - once you leave make sure you continue to be on at southwark - i had an issue a few years back in a new build where i got the council tax bill i'd been chasing for about 12 months and a summons for non payment on the same day. Not ideal. Not impressive. You don't want them to do that with you and send it the flat as you'd end up with a CCJ if the bill doesnt get forwarded to you.

Not a CCJ for council tax but a liability order (enforced by the Magistratres' Court rather than County Court).