who is supposed to pay tax?

flower_72

Sanita,
I think the alternative you're wondering about is:
Let the landlord keep the deposit (in lieu of council tax) and forget about it. I think it's flawed.
Eventually, it will come to light that the Council Tax wasn't paid by the people living in the property.
Councils don't forget where their money is supposed to come from. If (big if) the landlord has paid the bill for the house as a whole rather than flats, the council will re-emburse him and go after each tenants to get their money. I very very much doubt, the landlord is going to feel moraly bound and go out of his way to make a paiment for the tax you are liable to pay.
You'll end up paying your £800ish to the council and lose your £600 to the landlord.I reckon your best bet is to get in touch with the council and ask for your deposit to be returned to you. He hasn't got a leg to stand on as regards to keeping your deposit for himself. If he doesn't return it, sue him!

moneysavinmonkey

sanita wrote: »

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

1) That's right you need to arrange to pay the council tax separately. you CAN NOT rely on the landlord to pay it for you.

2) Don't give up your deposit so easily!! Unless there is more to the story - e.g you have damaged the flat or it's contents then there is no reason why a judge would not award your deposit back in full.

3) It does not cost £1000 to go to court!! - in england there is 'small claims court' which is really cheap way to claim back money you are owed by other people. I can't remember exactly what the fee it is but it is around £60-£80. You can even do it online:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Quite a few people on this board have done exactly that to get their deposit back, so you can get loads of advice and people to help you through.

Good Luck!

sanita

thank you all for response
I think I will go and pay the tax and then sue this.... gentleman
at least my name will be clean
If you like I"LL try to keep you updated about whole story may be somebody will use it as an example in the future
Thanks a lot for your help and advice:beer:

sanita

One more thing , knowing all the story managing agent refusing to issue us a reference about the property condition or he says we need to pay 40 pounds for it, is it legal to charge us the money for this service?
We got couple of references from them but those were issued before inventory, so we need a new one

moneysavinmonkey

seems expensive, but not unreasonable for them to charge you for an additional reference. unless you contract or their terms of conditions of business says otherwise then nothing illegal.

Generali

Couldn't you show the new LL the signing out inventory?

sanita

So i have spoken with council tax officer and was advised that it was LL responsibility to report that house has been converted.:T So they will try to get it valued and tell us about all the changes. So we have nothing to worry about this tax, as they said if revaluation will happen we will need to pay, if nothing will happen we can forget about it. So this is an outcome for now. So we are going to scc to sue him, lalala
and also i will be trying to find legal ways to get his dirty business stopped.:D

sanita

god, just realised that i start all my new sentences with SO, need to get rid of this habit:mad:

olly300

sanita wrote: »

So i have spoken with council tax officer and was advised that it was LL responsibility to report that house has been converted.:T So they will try to get it valued and tell us about all the changes. So we have nothing to worry about this tax, as they said if revaluation will happen we will need to pay, if nothing will happen we can forget about it. So this is an outcome for now. So we are going to scc to sue him, lalala
and also i will be trying to find legal ways to get his dirty business stopped.:D

Wait one moment.

You need to send your landlord a letter called "A letter Before Action" telling him you are going to sue him before you actually submit your case.

The letter should have the title "Letter Before Action". Ask for your deposit back (stating the amount owed) and say that since he has had your deposit for 2 months if it is not returned within 14 days you will issue court proceedings to get the deposit back and he will be liable for costs and interest.

Then either:
1. Post the letter to hiim using recorded delivery
2. Hand deliver the letter to his address with a witness (anyone over 18 will do)
3. Email the letter to him stating that the letter has also been sent by first class post, and send a copy by first class post stating the letter has already been sent by email.

If you don't do this if the landlord decides to drag it all the way to the small claims court the judge could be nasty and deduct money from your deposit due to not giving the landlord sufficient notice of your intentions.

On the 15 day then you can go online and submit your claim.

BTW it's up to you whether you make allowances for public holidays. I didn't.

Then if the landlord decides to get in touch with you by telephone tell him that he should only contact you in writing and put the phone down.

Finally whatever you do do not write to the court to dismiss your case until you have the money from the landlord and it has cleared in your bank account.

sooz

sanita wrote: »

So i have spoken with council tax officer and was advised that it was LL responsibility to report that house has been converted.:T So they will try to get it valued and tell us about all the changes. So we have nothing to worry about this tax, as they said if revaluation will happen we will need to pay, if nothing will happen we can forget about it. So this is an outcome for now. So we are going to scc to sue him, lalala
and also i will be trying to find legal ways to get his dirty business stopped.:D

confirm your conversation with the council tax officer in WRITING.