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Landlord includes Council Tax in rent. But flat is not listed for Council Tax

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hannimal said:
    What I am confused by is so many saying he'd own the council tax. If it is in your tenancy agreement that council tax is included in rent, how can you still be liable for council tax? Shouldn't the LL be liable?

    Ss 6,7,8 and 9 of the Local Government Finance Act 1992 set out the main legislation regarding who is liable for council tax. Neither you, the landlord or the council have the powers to alter this.
    The CAB link simplifies the situation slightly but it does cover your situation. The resident tenancy (s6(2)(c) ) has the liability for the property unless it falls in to one of the exceptions under ss 7,8 or 9 (your case doesn't).
    Your tenancy is a contractual agreement between you and the landlord, it in now way binds the council in any manner. You would have to sue the landlord for the monies he agreed to under the contract but the council would pursue you as the liable person.
    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.
  • IAMIAM
    IAMIAM Posts: 1,432 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    Hmm, interesting. If something is sold all in, then I wouldn't usually go into the nitty gritty. its 750 per calendar month and that's it. Whether you only used £20 for gas or £50 for gas is irrelevant.
    Whether it is student or a professional, one pays council tax, one doesn't. The fee is £750 and that's that. 
    I doubt you will get anywhere with it.
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