Landlord didn't pay Council tax.

ste1234

Hello, I lived in a flat (house split into two flats) where the rental agreement included  payment for Council tax. I lived there for 16 months, the first four I was employed and the next twelve was in receipt of housing benefit. I received a bill off the council for 16 months Council tax, since reduced to four, which I had assumed had been paid as per my rental agreement.

The Council say I have to pay the amount (approx £500) and that I should chase the landlord.

Assuming the landlord ignores me/refuses to pay do I have any recourse to get the money back?

I have not lived in the property for a year and it was in Wales.

Thanks in advance.

greatcrested

You had a contract with the landlord.

The landlord breached the contract.

Send a 'Letter Before Action' and if that fails:

https://www.moneyclaim.gov.uk/web/mcol/welcome

MalMonroe

What did it say in your rental agreement about council tax?  If the council is chasing you in the first instance, your name must be listed as the responsible person. Check the agreement and if it says the landlord is responsible, then yes definitely chase him/her. But their name, not yours, should have been given to the council in the first place if they were supposed to pay it.

Because it's in your name, you are responsible for the council tax, so if the landlord won't pay up, it's your responsibility. Hopefully the council will let you pay by instalments but if the agreement says that the landlord is responsible, you could possibly take him/her to small claims court.

ste1234

Thanks for the responses.

On the front page of the tenancy agreement it has the rent amount and states "the above rent includes Council tax, Water and broadband but not electric, gas and TV Licence (to be paid separately)".

This was agreed before I moved in and the front page of the agreement was changed (I assume) to the above, before I signed.

On another page it states "the tenant is to pay any and all Council tax or any tax replacing it, payable in respect of the property, which the tenant is obliged to pay under any enactment and to indemnify the landlord in respect of any Council tax, which (during the tenancy) the landlord becomes obliged to pay under any enactment because the tenant ceases to live at the property".

I'm guessing that many students have lived in the flats before me and the only reason that the council tax issue has been flagged is because I made a claim for housing benefit. The Council said they didn't have "a band" for the flat before. So either it was just students or Council tax was never paid? I'm not sure.

greatcrested

MalMonroe said:

What did it say in your rental agreement about council tax?  If the council is chasing you in the first instance, your name must be listed as the responsible person. Check the agreement and if it says the landlord is responsible, then yes definitely chase him/her. But their name, not yours, should have been given to the council in the first place if they were supposed to pay it.

Because it's in your name, you are responsible for the council tax, so if the landlord won't pay up, it's your responsibility. Hopefully the council will let you pay by instalments but if the agreement says that the landlord is responsible, you could possibly take him/her to small claims court.

No.

Firstly, the op clearly says: " the rental agreement included  payment for Council tax." but

Secondly irrespective of that, the council does not charge counccil tax based on tenancy agreements. It's not like gas/leccy.

There is a legal hierarchy of responsibility for council tax and top of the list is the resident.

The tenancy agreement is purely a matter between the landlord and tenant.

edit:just seen your 2nd post ste1234. Any sub clause is subservient to the key contractual agreement. If the front page says " "the above rent includes Council tax, Water and broadband but not electric, gas and TV Licence" then any later contradiction to this can be legally disregarded.

ste1234

Thanks Greatcrested. I'll wait for the amended bill the Council are sending me and do as you suggest.

Thanks for your help.

saajan_12

There are two issues:
1) Council tax liability to council - that depends on the type of property and who is highest on the heirachy of liability. Usually the resident adult(s) are liable as far as the council are concerned, but not always. To clarify, what sort of property was it, eg renting a room in a HMO, student accommodation, flat, house etc. 

2) Contractual agreement for landlord to pay concil tax - the conflicting terms in the tenancy agreement make it unclear, I think it would go by the version on the main page as this is more likely to be individually negotiated and what the parties intended, and also favours you, ie the party that didn't draft the contract though its ultimately upto a judge. This is a contractual term so if the LL fails to pay council tax and as a result you have to, you can sue the LL to reimburse you. It doesn't make it the council's problem to chase the LL. 

ste1234

saajan_12 said:

There are two issues:
1) Council tax liability to council - that depends on the type of property and who is highest on the heirachy of liability. Usually the resident adult(s) are liable as far as the council are concerned, but not always. To clarify, what sort of property was it, eg renting a room in a HMO, student accommodation, flat, house etc. 

2) Contractual agreement for landlord to pay concil tax - the conflicting terms in the tenancy agreement make it unclear, I think it would go by the version on the main page as this is more likely to be individually negotiated and what the parties intended, and also favours you, ie the party that didn't draft the contract though its ultimately upto a judge. This is a contractual term so if the LL fails to pay council tax and as a result you have to, you can sue the LL to reimburse you. It doesn't make it the council's problem to chase the LL. 

1) It was a detached house split into two flats - The other flat was rented out too.

2) I understand I have to pay the Council and then chase the landlord, the Council were pretty clear it's not up to them!

macman

Unless the flat was an HMO, it should be assessed separately for CT, as should the other flat. It's the occupier who is liable, not the LL.
If the flats are not banded, then the LL has never re-registered them as two separate dwellings, and is possibly collecting more CT from the two flats within the rent than they are paying out. You should never had signed a TA with such a clause. The LL can write whatever nonsense he wants in the contract, but it doesn't remove the statutory requirement that makes the occupier liable for CT.

theoretica

ste1234 said:

Thanks for the responses.

On the front page of the tenancy agreement it has the rent amount and states "the above rent includes Council tax, Water and broadband but not electric, gas and TV Licence (to be paid separately)".

This was agreed before I moved in and the front page of the agreement was changed (I assume) to the above, before I signed.

On another page it states "the tenant is to pay any and all Council tax or any tax replacing it, payable in respect of the property, which the tenant is obliged to pay under any enactment and to indemnify the landlord in respect of any Council tax, which (during the tenancy) the landlord becomes obliged to pay under any enactment because the tenant ceases to live at the property".

Taking those things together it looks like you, the tenant, should have paid the council tax, but you should have paid less rent to the landlord by that amount as the rent included council tax.

NameUnavailable

Just deduct the CT from your next rent instalment/s.