Renting for 2 months - council tax query

MolGuru79

Hi,
Im selling my home in Hounslow and will be renting in Wimbledon whilst i find a new place to buy.
I found a place where the landord was happy to give me a 2 month rolling contract. The rent includes bills and council tax. Its clearly stated in the short term tennacy contract that the landlord is liable for council tax.
Im wondering if i need to do anything like notify the new borough im living in temporary that my rent includes council tax. 

Also, once i cancel the council tax for my current property and since my new rent includes council tax ill be technically going off the grid. Will this impact my mortgage applications.

The sale of my house was a quick sale. I recieved an offer i could not refuse but was left with no time to buy another place. Hence the temporary renting solution.

Im just a little worried about the council tax situation.

MaryNB

I'm not quite sure how the above scenario needs to be documented with the council; however, be aware that unless you are renting a room in a HMO with your own AST for your room, you are responsible for the council tax. The is a hierarchy of responsibility when it comes to paying council tax and tenant is above property owner unless renting a room in a HMO (and some other less common exemptions). The council won't care if the money is coming from the landlord's pocket but if it doesn't get paid you could be held liable so make sure your landlord pays it in full. 

MolGuru79

The contract clearly states that the landlord will pay the council tax since its a short term 2 month tennacy.

MaryNB

There is a hierarchy of liability
https://www.citizensadvice.org.uk/housing/council-tax/council-tax/ (refer to the section "Who has to pay council tax"). 
If your name is on the bill and it isn't paid the council will come after you and could deem the tenancy agreement an issue between you and the landlord. This has been the case for other posters on this forum. 

This scenario unusually involves a dodgy landlord trying to deceive the council in some way. In your case the landlord may simply want to avoid the admin of changing names and will happily pay it in full but it is something to be aware of. If your name is on the bill, you are there for longer than 2 months and the landlord doesn't pay it can be a very expensive bill and you then have the hassle of pursuing the landlord separately. You might get lucky and the council accepts your tenancy agreement if there is an issue but in my experience the council is pretty ruthless when it comes to payment. 

Irishpearce26

As others have said make sure your landlords name is on the council tax bill. It wont make any difference if you are off the council tax grid and this has no bearing on your application its the electoral register that helps.

macman

MolGuru79 said:

The contract clearly states that the landlord will pay the council tax since its a short term 2 month tennacy.

That's irrelevant as far as the hierarchy is concerned. The occupier always has the primary liability, regardless of tenancy length.
For the avoidance of doubt, is this a self-contained flat or house, not an HMO, and the LL does not live in the same building?

MolGuru79

Found this 
"In conclusion, if your property is a HMO or the tenancy agreement or fixed term is less than 6 months (including SPT unless there is a clause in your tenancy agreement as noted above), the landlord is liable for the council tax
I cant share link but there are other sites that back this up as well.

greatcrested

Look - whatever the contractual agreement is between you and the landlord, so far as the council is concerned, Council Tax law makes you liable. If the council do no receive the CT, then they wil come after you, not your landlord.

Now, it may well be that your LL will pay the CT, and the council will take no action and everyone will be happy.

But i the LL does not pay it, you will have to (or be taken tocourt by the council). You would, of course, then be able to claim it back from your LL, via te court if necessary, based on your contract - but this would be entirely separate.

the landord was happy to give me a 2 month rolling contract.

Out of interest, how is this specified in the contract? Can you quote the exact wording regarding

* The Term (if any)

* The rent (payable every 2 months? or what?)

* any other ealate clauses

* any wording related to notice to end the contract

CIS

MolGuru79 said:

Found this 
"In conclusion, if your property is a HMO or the tenancy agreement or fixed term is less than 6 months (including SPT unless there is a clause in your tenancy agreement as noted above), the landlord is liable for the council tax
I cant share link but there are other sites that back this up as well.

It is correct on the former point if it is a Council Tax HMO (different rules to a Housing Act HMO) but not on the latter point. The issue over a 6-month minimum tenancy period under s6(2) of the LGFA1992 only applies to a property where there are no residents. If someone is resident the length of the tenancy is immaterial.

CIS

MolGuru79 said:

The contract clearly states that the landlord will pay the council tax since its a short term 2 month tennacy.

It cannot override legislation - it is being used their 'sole or main residence' for council tax purposes. In these cases, unless one of the specific exceptions applies (usually a council tax HMO or a resident landlord),  then the resident tenant would be liable for the charge for each day they were such a resident.

martindow

Isn't a short let such as this more like a holiday rental?  If I rented a cottage for a couple of weeks I'd be surprised to be charged separately for overheads like council tax.