Liability to pay the Council Tax by tenants in an HMO property

megonthemoon

Hello
I'm hoping I can find a person to help me with my council tax problem or point me in the right direction.
I moved into a HMO ( house in multiple occupation ) property in September. I share the house with 2 other tenants. I'm paying for the only single bed room in the house. My contract doesn't include council tax or any bills. When asked about the council tax payments upon moving in the letting agent told me that I have to call the council and sort out the council tax payment with them. However the council told me that I should tell my landlord to give them a call as he is the owner of the house and not me. I left the issue with the letting agent and after few months me and my housemates received a council email forwarded from the letting agent saying that in an HMO type property it's the landlord who is liable to pay the tax and not the tenants. Me and my housemates were already few months into the tenancy agreement with no additional costs included.
Today we received an invoice from the landlord saying that we are due to pay for the overdue council tax (£846.22). The agent requested me to pay £317.7 (which doesn't even add up as there are 3 tenants in the house so 846.22 : 3 = 282, not 317.7). My housemate called the council today and they told him to not pay the money as it's not his name that's on the receipt. He told that to the letting agent however the agent keeps saying that the ''tenants are liable to pay any tax including the council tax'' clause in our contract makes us liable to pay the money.
Is anyone able to help me with this issue, or knows who I can contact about this? Thank you for your time x

Jeremy535897

Landlords are responsible for council tax on HMO properties, and the contract with the tenant will invariably allow them to pass this charge on to a tenant. The council are correct that a tenant should not pay council tax to the council, but cannot know whether the arrangements between landlord and tenant allow it to be recharged by the landlord to the tenant.

harpee

The council have determined you don't have a legal responsibility to pay the council tax, it is the landlord who is liable. (I  assume you all have separate tenancies? If you are joint tenants then the council have got it wrong). If the tax is unpaid it is the landlord who will end up with a liability order.  The council tax office won't get involved with any dispute you're having with your landlord about this, it's not their concern what arrangement you've made (or not) to pay it. Ask the CAB or seek independent legal advice. Shelter have lots of good tenant advice as well. Your landlord and/or their agent should have known this and planned accordingly in the rent payments! Especially as it sounds like your rent includes all other bills. This isn't really a tax question, it's a question of whether the contract does indeed oblige you to pay the council tax bill on behalf of the owner.  

CIS

(I  assume you all have separate tenancies? If you are joint tenants then the council have got it wrong).

Not necessarily - there are two different limbs which can create a council tax HMO. One is based on the type of occupation, the other is based on the property being adapted/constructed for multiple occupancy.