Liability for a Council Tax Bill (HMO)

Daisy_1094

Hi all, 
I’m experiencing an ongoing stressful and frustrating situation - I’d appreciate if someone could advise me on what I need to do next…

About a month ago, I posted on here about my council contacting me, demanding I pay £600 for unpaid council tax at a previous HMO property I lived at 14 months ago, which was managed by letting agency. 

I since sent a copy of my tenancy agreement to the council, which stated my council tax at the time was included in my rent. 

Well, I received an email yesterday with a response from the council. They’ve basically said according to the Valuation Office, the house isn’t registered by the landlord as an HMO, but actually individual ratings (despite the fact I signed a tenancy agreement stating council tax would be included and the property had 1 kitchen - shared by 5 residents!). The council have said in short that although they appreciate I sent the tenancy agreement, they cannot put the matter on hold and I’m still being billed.

I’m really upset by this issue. I paid £425 a month for exactly what was included on my tenancy agreement. I feel I’ve been mis-sold; I paid the money on time every month with the belief council tax was included (as stated on the agreement) and now more money is demanded of me, which just doesn’t seem fair.

Can anyone offer me advise on the next step please? TI’d appreciate your help x

lincroft1710

If your personal accommodation had its own CT band for the period in which you were the tenant , then you are legally liable to pay the CT. You can sue the landlord for the amount of CT, but you would have to show to a court that the tenancy agreement stated CT included

Daisy_1094

@lincroft1710

Thanks for your reply.

After learning about the property having individual dwellings, I’ve researched and the rooms are all band A and listed individually, which is news to me.

My tenancy agreement from the letting agency does clearly state council tax was included within the £425 along with other utility bills. No one in the letting agency told me I had to pay council tax separately, as shown above - would you advise legal action?

lincroft1710

Write to the LL first and ask that he recompense you for the amount of CT you have to pay. If he won't send a Letter Before Action (Google it) and then decide if you wish to proceed to a Money Claim On Line (also Google it).

Points to note

It will cost to take to court (not much, but if you win you get the hearing fee paid by the LL)

You may not win

Even if you win, you may not get your money.

CIS

Daisy_1094 said:

Hi all, 
I’m experiencing an ongoing stressful and frustrating situation - I’d appreciate if someone could advise me on what I need to do next…

About a month ago, I posted on here about my council contacting me, demanding I pay £600 for unpaid council tax at a previous HMO property I lived at 14 months ago, which was managed by letting agency. 

I since sent a copy of my tenancy agreement to the council, which stated my council tax at the time was included in my rent. 

Well, I received an email yesterday with a response from the council. They’ve basically said according to the Valuation Office, the house isn’t registered by the landlord as an HMO, but actually individual ratings (despite the fact I signed a tenancy agreement stating council tax would be included and the property had 1 kitchen - shared by 5 residents!). The council have said in short that although they appreciate I sent the tenancy agreement, they cannot put the matter on hold and I’m still being billed.

I’m really upset by this issue. I paid £425 a month for exactly what was included on my tenancy agreement. I feel I’ve been mis-sold; I paid the money on time every month with the belief council tax was included (as stated on the agreement) and now more money is demanded of me, which just doesn’t seem fair.

Can anyone offer me advise on the next step please? TI’d appreciate your help x

It is, as indicated, entirely a  contractual matter now.

Send the landlord a letter before action and then, if he does not pay you, use the small claims court.

Presumably you have applied for any single person discount etc that you are due ?