I think I was mis-sold my rental flat

GME96

I agreed to a tenancy on a flat which I moved into last July on the basis that all I would be paying for were utilities. Specifically no council tax.
After moving in I received a bill for council tax from the council. 
I contacted my letting agency who confirmed that paying council tax was now required. They did apologise and say it was a recent change. 

So council tax is an extra £100+ per month which I am struggling to afford.
I wondered if I have any right to cancel my contract on the basis that it was missold? 

Leggitte

What does your signed contract state regarding Council Tax?

princeofpounds

Go and read what your contract says about council tax.

The legal liability for council tax is determined by a 'hierarchy of liability' determined by the local authority. In reality it's always the tenant who is liable in a normal single occupant flat. Someone else can pay, but you're ultimately on the hook for it.

However, if your contract says council tax is included, that means the LL is in turn liable to you to pay it. So if they do not, then you can take legal steps to recover the money - offsetting, or small claims court perhaps.

So do you have any written record of this agreement?

canaldumidi

GME96 said:

I agreed to a tenancy on a flat which I moved into last July on the basis that all I would be paying for were utilities. Specifically no council tax.

Please quote in full the relevant section(s) of your tenancy agreement.

saajan_12

GME96 said:

I agreed to a tenancy on a flat which I moved into last July on the basis that all I would be paying for were utilities. Specifically no council tax. - please quote exactly what you are basing this on. Was it part of the tenancy agreement, or any advertising? 
After moving in I received a bill for council tax from the council. - is this bill valid? What sort of property do you live in (self contained flat with its own address etc, or some kind of bedsit / shared accom)? Are you a student? How many people do you live with?
I contacted my letting agency who confirmed that paying council tax was now required. They did apologise and say it was a recent change. - what change is this? 

So council tax is an extra £100+ per month which I am struggling to afford.
I wondered if I have any right to cancel my contract on the basis that it was missold? - no, its not a material term to frustrate the whole contract. If you're right then at best you get them to pay / reimburse your council tax (possibly via small claims court), and then the tenancy continues. 

The key is what exactly guaranteed you would have no council tax. If it was just informational, then that's not binding, as you're expected to figure out your own tax. If it was in your contract eg that the LL would pay the council tax, then they should either pay it or reimburse you. 

Andthen07

Leggitte said:

What does your signed contract state regarding Council Tax?

I'm guessing it says nothing and it was all estate agent verbal promises.

lincroft1710

GME96 said:

I agreed to a tenancy on a flat which I moved into last July on the basis that all I would be paying for were utilities. Specifically no council tax.
After moving in I received a bill for council tax from the council. 
I contacted my letting agency who confirmed that paying council tax was now required. They did apologise and say it was a recent change. 

So council tax is an extra £100+ per month which I am struggling to afford.
I wondered if I have any right to cancel my contract on the basis that it was missold? 

There has been no change in the liability for Council Tax for a single occupancy dwelling (as opposed to a multi occupancy dwelling) . It has always been the occupier, whether that be an occupying owner or a tenant. 

BikingBud

Is "misselling" similar to "accidental landlord" and it often indicates a lack of understanding or personal due diligence?

It might be worthwhile trying to get clear perspective from the consumer rights board on what criteria need to be met in order to consider that something has been missold.