Landlord paying council tax (renting)

j0nn36

I have very recently just started a fixed term tenancy of 2 years. I was looking at the time of COVID so I'll be honest and say I was in a bit of a rush to secure the new place. However, this being said its a lovely property and i'm very happy so far, bar this council tax situation outlined below...

When signing the contract and again upon move in, I was asked specifically to leave the council tax in the "landlords name" and to pay 90 pound a month more onto rent (he said he "cannot remove it from his name"), which the landlord would in turn use as direct debit to pay council tax. This is also stipulated in my contract and amended to it, per my request. My thoughts are that he needs to prove that he lives there for various purposes. I'm perfectly happy to do this, however I ,thinking as a legal obligation, I need to be on the electoral roll, so I registered to be on it with the council. I didn't consult the landlord because honestly I thought this is just a standard procedure you do when moving into a new property.

Anyway I have recently received a letter with a bill addressed to me. I then contacted the council who confirmed that the bill is my liability and obligation to pay, and that I need to sort this situation out with the landlord. I know from the landlords (since they emailed and told me) that they are paying single persons tax and paying less than what I was billed for.

I'm really worried that (a) something weird is going on and (b) if I tell the landlord that I signed up to be on the electoral roll and was thus billed for council tax that he will be angry that I have signed up. I have noticed on the deposit protection scheme his address is still listed as the one where I live, and also he still receives letters here.

Am I in the wrong here? Maybe I shouldn't have signed up to be on the electoral roll, but I honestly panicked because my credit rating took a hit since moving and I need other services such as voting, to register with GP etc.

Any advice would be greatly appreciated.

Slithery

You are liable for paying the council tax, no matter what the tenancy agreement says. Your LL is committing fraud by pretending he still lives in the property.
Personally I'd be looking for a different property to move to and negotiate an early surrender of your tenancy with your LL in exchange for not reporting him.

greatcrested

There are two (now conflicting) legal obligations here.

1) council tax law makes the occupant, you, liable for the CT. Since the council now know you live there (via the electoral register - computers eh?!), they will send you the bill. Provided it is paid (whether by you or the LL they will not care) they will be happy. If it is not paid, they will take you to court, and win.

2) contract law between you and the LL make the LL liable for the cost. So if, for example, the CT is not paid by him, and you have to pay it, you can then sue the LL for breach of contract to reclaim the cost of the CT

This situation has probably arisen because the LL does not have consent to let from his mortgage lender, and/or is not declaring the rental income to HMRC for tax purposes.

Your options are

* get the LL to amend the contract to say you will pay the CT, and thus pay him £90 pm less. He will not like this.

* get confirmation that the LL IS paying the CT (not just his word, but proof) and the council will probably not contact you further. The LL will be happy (but HMRC may not be, and nor will honest tax-payers like me!).

theartfullodger

Inform landlord that unless rent is reduced by such amount as you see fit you will inform his mortgage lender (find out for £3 from land registry) and HMRC Taman of the real circumstances.

This could be fun!

I 'ates cheats and crooks be they Landlord, agent, tenant, MP, Govie, PM, Cummings....

macman

If your LL did live in the same property, then you would not be a tenant, but merely a lodger. 
You need to check whether CT has actually been paid for the period since your tenancy commenced.
You have dome nothing wrong, except been naive. It's your LL who is probably committing mortgage fraud and tax evasion.

[Deleted User]

Make sure you tell the LL that due to electoral registering needs (most councils will insist you do this if you live in the property), you have now received a council tax bill and will be reducing your payments to him as you need to pay the council tax.

I'm afraid he won't be happy but there is little he can do. Yes, he was probably trying to commit some kind of fraud as insisting he pays the council tax when you were living there is not what should have happened.  But I wouldn't go into this particular aspect of things.  I hope he has paid the council tax you have already paid him as I'm afraid the council will come after you if he hasn't.

warby68

If you are the only occupant but the landlord is still claiming to live there (also on the electoral roll?) then there may also be issues when you apply for the single person's discount.
Landlord was hoping to fly under the radar for whatever reason (none good) but its probably not possible now unless you perpetuate things and pay the full council tax bill etc. But then you would be joining in the ruse. You say you're happy with the 'pretence' of him living there and worry you've done wrong by alerting CT etc - you're worried about the wrong wrong though with that. Its the pretence that's wrong. You will upset the landlord but only because they are doing something wrong.
Things may get tricky here I'm afraid OP unless landlord decides to take it on the chin and go 'legit'

CIS

j0nn36 said:

I have very recently just started a fixed term tenancy of 2 years. I was looking at the time of COVID so I'll be honest and say I was in a bit of a rush to secure the new place. However, this being said its a lovely property and i'm very happy so far, bar this council tax situation outlined below...

When signing the contract and again upon move in, I was asked specifically to leave the council tax in the "landlords name" and to pay 90 pound a month more onto rent (he said he "cannot remove it from his name"), which the landlord would in turn use as direct debit to pay council tax. This is also stipulated in my contract and amended to it, per my request. My thoughts are that he needs to prove that he lives there for various purposes. I'm perfectly happy to do this, however I ,thinking as a legal obligation, I need to be on the electoral roll, so I registered to be on it with the council. I didn't consult the landlord because honestly I thought this is just a standard procedure you do when moving into a new property.

Anyway I have recently received a letter with a bill addressed to me. I then contacted the council who confirmed that the bill is my liability and obligation to pay, and that I need to sort this situation out with the landlord. I know from the landlords (since they emailed and told me) that they are paying single persons tax and paying less than what I was billed for.

I'm really worried that (a) something weird is going on and (b) if I tell the landlord that I signed up to be on the electoral roll and was thus billed for council tax that he will be angry that I have signed up. I have noticed on the deposit protection scheme his address is still listed as the one where I live, and also he still receives letters here.

Am I in the wrong here? Maybe I shouldn't have signed up to be on the electoral roll, but I honestly panicked because my credit rating took a hit since moving and I need other services such as voting, to register with GP etc.

Any advice would be greatly appreciated.

To summarise the situation - Except in some odd cases it should not be in the landlord's name unless it remains his 'sole or main residence' (which can happen - however you'd then also only legally be a licence holder and not a tenant, irrespective of what the agreement says, so there are knock on effects). You are moving in to the more technical aspects of council tax and housing law that aren't easily answerable from what you have posted so far.

winterlover

I am just about to vacate my rental that I have lived in for 7 years. The council tax bill has always been in landlord name (Ltd Company) and I have always been on the electoral roll at the same address. The Landlord Ltd Company pays the bill, it has never been questioned

CIS

winterlover said:

I am just about to vacate my rental that I have lived in for 7 years. The council tax bill has always been in landlord name (Ltd Company) and I have always been on the electoral roll at the same address. The Landlord Ltd Company pays the bill, it has never been questioned

There are cases where the landlord should be liable but these cases are in the minority. Are you the sole tenant of the whole or do you just rent a room ?

j0nn36

I have very recently just started a fixed term tenancy of 2 years. I was looking at the time of COVID so I'll be honest and say I was in a bit of a rush to secure the new place. However, this being said its a lovely property and i'm very happy so far, bar this council tax situation outlined below...

When signing the contract and again upon move in, I was asked specifically to leave the council tax in the "landlords name" and to pay 90 pound a month more onto rent (he said he "cannot remove it from his name"), which the landlord would in turn use as direct debit to pay council tax. This is also stipulated in my contract and amended to it, per my request. My thoughts are that he needs to prove that he lives there for various purposes. I'm perfectly happy to do this, however I ,thinking as a legal obligation, I need to be on the electoral roll, so I registered to be on it with the council. I didn't consult the landlord because honestly I thought this is just a standard procedure you do when moving into a new property.

Anyway I have recently received a letter with a bill addressed to me. I then contacted the council who confirmed that the bill is my liability and obligation to pay, and that I need to sort this situation out with the landlord. I know from the landlords (since they emailed and told me) that they are paying single persons tax and paying less than what I was billed for.

I'm really worried that (a) something weird is going on and (b) if I tell the landlord that I signed up to be on the electoral roll and was thus billed for council tax that he will be angry that I have signed up. I have noticed on the deposit protection scheme his address is still listed as the one where I live, and also he still receives letters here.

Am I in the wrong here? Maybe I shouldn't have signed up to be on the electoral roll, but I honestly panicked because my credit rating took a hit since moving and I need other services such as voting, to register with GP etc.

Any advice would be greatly appreciated.

To summarise the situation - Except in some odd cases it should not be in the landlord's name unless it remains his  (which can happen - however you'd then also only legally be a licence holder and not a tenant, irrespective of what the agreement says, so there are knock on effects). You are moving in to the more technical aspects of council tax and housing law that aren't easily answerable from what you have posted so far.

anything more specifically you would like to know about my situation that would potentially help to arrive at an answer?