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Help, my landlord is letting my flat illegally
Comments
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Yep, quite correct. They'll only chase the landlord in the first instance if the tenant is not known, the landlord will then have to demonstrate it was occupied but once that's provided the tenant is getting the backdated demand.I recall a thread on here a while back with a poster who lived in an annex on a farm (IIRC) that should have been banded for Council Tax and wasn't. The poster had been living there for some years. When the CT people caught up with the situation, it was the tenant they went after for the money, not the landlord.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 would helpif the OP came back and told us
* whether his tenancy agreement is verbal or written
* if written, exactly what it says regarding CT and utilities etc (please quote!)
If verbal, what was said about the above
Also
* whether he paid a deposit and if so whether it is protected
* whether he received the gov leaflel, gas report (if there's gas), EPC etc
* whether he feels the property is safe (ie does he want safety inspections which might result in the council condemning the property and moving him out!)
* what his aim is: to stay? to leave? to get reduced rent? to stir up trouble for the LL and potentially himself with the council? to protect himself from evicion?Or what?0 -
There is only one way out before your AST finishes - to get the Council to put a closure order on it being used - they'll just evict you.
That doesn't help you though as they won't house you and you'll be standing there, with short notice and your bags round your feet.
Best thing to do is to plan an onward move at the end of your tenancy and start grassing up the landlord with the Council in the last 6 weeks or so, so you're minimising any homeless risk to yourself.0 -
Curious, if the accommodation is not registered habitable or currently habitable and possibly currently covered by the shops business rates etc. Well surely the council can't retrospectively charge council tax on a property for a period in which it was a non habitable part of a building, more so if the building as a whole was already covered and had valid business rates on it?. Going forwards yes, but surely not before the council is made aware?.0
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Sorry, lost my login.
Dan0 -
answers in boldIt would helpif the OP came back and told us
* whether his tenancy agreement is verbal or written - written
* if written, exactly what it says regarding CT and utilities etc (please quote!) - nothing at all in the agreement about utilities or council tax. It doesn't even have those words. It says License on top.
If verbal, what was said about the above
Also
* whether he paid a deposit and if so whether it is protected - yes 8 weeks as deposit. I got an email from landlord as confirmation.
* whether he received the gov leaflel, gas report (if there's gas), EPC etc - there's no gas. didn't get anything else.
* whether he feels the property is safe (ie does he want safety inspections which might result in the council condemning the property and moving him out!) - I don't know what I'm supposed to expect. It's safe enough I guess.
* what his aim is: to stay? to leave? to get reduced rent? to stir up trouble for the LL and potentially himself with the council? to protect himself from evicion?Or what? Get my deposit back, leave and find a place with a proper address so I can build my credit rating and have a proper address to my name0 -
As a general point, it could say what it liked about council tax but it cannot override legislation.nothing at all in the agreement about utilities or council tax. It doesn't even have those words. It says License on top.
Usually I find, with my clients, that the process of setting up and backdating isn't too much of an issue by itself - it's the backdated bill itself that gets problematic.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 -
. * whether he paid a deposit and if so whether it is protected - yes 8 weeks as deposit. I got an email from landlord as confirmation.
This doesn't answer the VERY important question.
You have paid a deposit, but the landlord has a LEGAL obligation to protect it in a government deposit scheme. Has he done this?
(If not, you can sue him for up to 3x the deposit amount, or perhaps use it as negotiations for ending tenancy...)Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
How do I know? I googled it and went on the 3 websites but since I don't have an address can't check
Do you think I should ask him?
DanThis doesn't answer the VERY important question.
You have paid a deposit, but the landlord has a LEGAL obligation to protect it in a government deposit scheme. Has he done this?
(If not, you can sue him for up to 3x the deposit amount, or perhaps use it as negotiations for ending tenancy...)0 -
LL is supposed to tell you which deposit scheme has been used? If you've not been told, it likely hasn't been protected.
To be honest, if the LL is going to ride roughshod over pretty much every other legal requirement, they're highly unlikely to protect the deposit.0
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