who is supposed to pay tax?

sanita

So it happenes with me as well, deposit is still being held by landlord who gave me no explonation whatsoever. But now after 2 months I was reminded about council tax, which I was supposed to pay according to contract.
Through my tenancy I never refused to pay it, but the bill never arrived.
As it was the first place where i was supposed to pay taxes myself i wandered who was going to set up an account. Landlord and his agent reassured me that everything will be in order. so i waited and contacted the council myself, they said because it is a new conversion so each flat should be valued and banded separately, and to gain the access to all the flats they supposed to have meeting with landlord arranged, i gave them landlors number. Nothing happened. So when contract ended we moved out. Now he refuses to give me my money back on the basis that tax has not been paid. What should I do:
1.Insist on return of my money even if i need go to court
2. Just forget about it, because if i would have paid my tax it would be more or less that amount
thank you

eco-friendly_2

sanita wrote: »

So it happenes with me as well, deposit is still being held by landlord who gave me no explonation whatsoever. But now after 2 months I was reminded about council tax, which I was supposed to pay according to contract.
Through my tenancy I never refused to pay it, but the bill never arrived.
As it was the first place where i was supposed to pay taxes myself i wandered who was going to set up an account. Landlord and his agent reassured me that everything will be in order. so i waited and contacted the council myself, they said because it is a new conversion so each flat should be valued and banded separately, and to gain the access to all the flats they supposed to have meeting with landlord arranged, i gave them landlors number. Nothing happened. So when contract ended we moved out. Now he refuses to give me my money back on the basis that tax has not been paid. What should I do:
1.Insist on return of my money even if i need go to court
2. Just forget about it, because if i would have paid my tax it would be more or less that amount
thank you

Santa's celebrating early.

artic99

sanita wrote: »

Now he refuses to give me my money back on the basis that tax has not been paid. What should I do:
1.Insist on return of my money even if i need go to court

The tax will get you/him eventually so outcome will be 2 and he pays it or 1 and they get it from you, just need to make sure you have evidence of what happened if its 2. You didn't say if he has actually received the tax bill yet though?

You should ask to see the cost of whatever they are withholding it for so if he has received and paid a tax bill im sure he would be happy enough to provide you with a copy of bill and receipt for your records. Say your not overly fussed just want to see evidence its been paid and to justify the holding of deposit in case they think your going to want the £20 difference or something. Which will come in really handy if you do 2) and the council come after -you- in a few years time looking for the outstanding council tax which you thought he paid.

They found me after a couple of years when I thought it was paid by the landlord when it wasn't, my mistake but when tried to contact LL he had sold up and moved on, would have been a bummer if id have left the money with him

Generali

The tax is your liability. You can't pass on that liability to the LL. Whether or not you pay the tax is unconnected to the deposit. Pay the tax and sue to get your deposit back if needs be.

flower_72

I wouldn't let anyone pay council tax on my behalf. The council has your name as the occupier of the property during the time of your tenancy. You're the one that's liable for it.
The deposit is not there to cover for it.
As Generali and others said: get your deposit back and deal with the council yourself.
You haven't had a bill from the council yet, have you? Ring the council and find out exactly how much you owe. Give them a forwarding address.
Tell the landlord to keep his nose out of your council tax business and give your deposit back othewise you'll go through the courts.
That's what I'll do.

sanita

thank you all for your answers.
The main thing is that I cant pay it now, because to pay it i need to register my flat (i mean the flat i leaved), but have no more access there. That house is registed just like the house not as a block of flats and landlord received his bill of amount of 1000ish he didnt pay it and ccj was issued.
So it some point he is ina big !!!! as he was supposed to let council know about tenants and they think its just a house. But 3 times my neibouughrs moved in and out nobody got their money back.
I dont know what to do, at some point i understand that if i will demand he will go to the council and report me, but on the other hand I dont feel it is honest to treat people like that.
What is better to do?

sanita

eco-friendly wrote: »

Santa's celebrating early.

yes yes, sorry about mistakes, english isnt my first language

bandraoi

Ask the council what they recommend.

moneysavinmonkey

in writing to the council, explain you lived in property x from ddmmyy to ddmmyy and would like to pay your council tax, say you understand that there is some confusion over the status of the property, but please could they contact you to arrange settlement. give them your contact details . Send a copy to the landlord along with a letter demanding return of your deposit within 14 days or else who will issue court proceedings.

If you don't get your deposit back do a claim online.

don't pay your landlord for council tax out of your deposit. As others have said it is a separate issue. If the landlord has not correctly registered the properies as separate dwellings that is his problem. IF he had and you hadn't paid your council tax all he would need to do is give the council your forwarding address and a copy of the tenancy agreement and he would be off the hook.

If you pay the landlord now, what is to say that in a few months time he sorts out the status of the properties with the council, gets a rebate from them for the extra council tax he paid and then the council will come after you for the council tax due on your property

Generali

Sanita - are you saying that this is a house that has been split into flats but the council doesn't know about it?

As far as I know, the landlord needs permission from the council to turn the house into flats, eg http://www.surreyheath.gov.uk/faqs/faq.htm?mode=20&pk_faq=561

If you were renting a shared house (for example where you have your own room but share a bathroom or kitchen) then the LL needs a licence for that.

If your LL is dodgy so isn't declaring what he should by law, what makes you think he'll pay the council tax for you?

I'd call the council, explain your situation and ask them for a bill. Separately, talk to the CAB about getting your deposit back. They are separate things and in no way connected. In the UK you cannot pass tax liability on to someone else by-and-large.

sanita

moneysavinmonkey wrote: »

in writing to the council, explain you lived in property x from ddmmyy to ddmmyy and would like to pay your council tax, say you understand that there is some confusion over the status of the property, but please could they contact you to arrange settlement. give them your contact details . Send a copy to the landlord along with a letter demanding return of your deposit within 14 days or else who will issue court proceedings.

If you don't get your deposit back do a claim online.

don't pay your landlord for council tax out of your deposit. As others have said it is a separate issue. If the landlord has not correctly registered the properies as separate dwellings that is his problem. IF he had and you hadn't paid your council tax all he would need to do is give the council your forwarding address and a copy of the tenancy agreement and he would be off the hook.

If you pay the landlord now, what is to say that in a few months time he sorts out the status of the properties with the council, gets a rebate from them for the extra council tax he paid and then the council will come after you for the council tax due on your property

Yes you are absolutely right
When we moved in along with other 8 flats landlord reassures us that all paperwork will be done and soon we will receive our bill. But he didnt do anything so we we confused about this tax. We contacted council and they said that valuer needs to come and see all those flats. Nobody never turned out.
Unfortunately all flats are self-contained and he doesnt need a licence.
Ok, I will write to the council-they will issue the bill for roundabout 800ish I pay it, but nobody can guarantee even a court that i can get my deposit back, and get case through the court i need to pay court charges, so I will pay around 1000 and might not get my 600. You think it worth it? I cant afford to pay 1000 straight away
The house is for sale by the way
Sorry for asking so many questions, just trying to figure out the best way for me