New Let Garage not included

theoretica

I imagine the council tax is just a previous year's rate for the property included for information and not updated through carelessness.

Scottish_Princess

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

Scottish_Princess

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

Also why is my daughter only going to get out of this if the LL agrees?  He never agreed to the Garage being let.  Its The Agents fault entirely for not informing us before signing and then including it in the contract

Morrigan_2020

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Grumpy_chap

Scottish_Princess said:
As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp

Why did she sign the contract if she could see this so easily?
Why is it only a secondary factor for you to mention?  The OP is all about the garage or otherwise.  Surely, being uninhabitable is far more significant than a garage.
Sounds like buyer's remorse.

Scottish_Princess

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  They have sneakily, in my view, deducted £20 from the CT, but not told us how to pay this.  We will be contacting the Council to report this part of the contract on Monday.  As for the damp, I feel it should have been in a habitable condition when they put it on the market, and at the very least, should be inspected before they move a baby in. So we are at deadlock with nothing being done.  Will have to get legal advice I suppose next week.  Thank you again for your advice

AdrianC

Scottish_Princess said:
They have sneakily, in my view, deducted £20 from the CT, but not told us how to pay this.

Once again... the CT is nothing whatsoever to do with the agency.
The tenant needs to contact the local authority and set up a council tax account with them. They will pay the current rate is that band.

If the agent gave a CT figure, it's purely for illustration. So it was slightly wrong? Hey-ho. It makes no difference.

As for the damp, I feel it should have been in a habitable condition when they put it on the market, and at the very least, should be inspected before they move a baby in.

Did the tenants not notice this damp when they viewed the property before deciding to move in?
Did they not look in the garage when they viewed the property before deciding to move in?

Morrigan_2020

Scottish_Princess said:

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter. 

Suseka97

Scottish_Princess said:

........................  She rang back to be told the Garage isn't included.  On closer inspection, it clearly states on the contract it IS INCLUDED. 

So, if its clearly stated as such on the contract - why are you accepting the LA's subsequent position that its never been included and they've never had the key?  Your daughter needs to make it clear she took the tenancy expecting this to be part of the deal and the LL must therefore remove their goods and she insists that the LA deals with it pronto! 

As for the damp issue, again - sorry, but I agree with what has been said by others on this topic.  Oftentimes damp is merely a symptom of poor ventilation and if you crank up the heating and open some windows, it should be okay.  Or, again, raise this with the LA and ask for it to be looked at. 

Scottish_Princess

Morrigan_2020 said:

Scottish_Princess said:Yes you would think it was straightforward, but no one wants to take responsibility for Reeds Rains error.  We are NOT going to get access to the Garage no matter what we do.  Reeds Rains are not going to instruct the LL to hand over the Garage due to their error.  Ringing CAB on Monday to see how to proceed.  Thanks folk for your responses

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter.