Council tax letter from a shared house I rented 4 years ago?

hussnainh8

Hello

Okay so for some reason I got a letter in the post asking me to pay an outstanding balance of over £700 for a council tax period of 1 year! 

In my defence, I can say it was a shared (semi detached) house and I was renting the house from an agency not directly through the landlord. The agency at the time gave me a tenancy agreement and it states on there that all bills water, gas electric and including council tax is included in my rent of £380 each month.

I have tried calling the landlord and she won't answer her phone. I am also not the only one in this situation as the other tenant who was living there is having the same exact situation (letters demanding a payment)

So my question is where do I stand and what do I do about this as I already can't afford the current rent in my house so paying a bill I shouldn't need to pay isn't right.

I cant even stop paying her as I moved out from there 4 years ago. 

MovingForwards

Have you still got a copy of the tenancy agreement?

GDB2222

The agency should have records, and you are entitled to a copy of your personal data. So, even if you can’t find the tenancy agreement, you can ask the agent for a copy. 

However, it sounds like you have the agreement, as you quoted what it says.

So, how do you sort this out? I think that I would start with the agent and see what they say. 

If they can’t help, you may need to pay the council, then sue the landlord. But, let’s not go there yet.

anselld

Was it a joint tenancy agreement (ie all tenants sign one agreement) or individual room agreements?

If individual room agreements then the Landlord is liable for the Council Tax so just show the Council your agreement.  If a joint tenancy then you are technically liable as far as the Council is concerned so would probably need to pay them and then recover the money from the Landlord.  The Agent cannot be liable in either case; they simply act on behalf of the Landlord.

GDB2222

anselld said:

Was it a joint tenancy agreement (ie all tenants sign one agreement) or individual room agreements?

If individual room agreements then the Landlord is liable for the Council Tax so just show the Council your agreement.  If a joint tenancy then you are technically liable as far as the Council is concerned so would probably need to pay them and then recover the money from the Landlord.  The Agent cannot be liable in either case; they simply act on behalf of the Landlord.

I agree. It certainly sounds like an HMO type agreement, with inclusive services. What put me off that was the op, where only one other tenant was mentioned, and the op talks about renting the house, not a room. Anyway, a few questions for the op. 

I agree that the agent is not liable, but they may be able to help sort this out. If they confirm it is an hmo, then the op just needs to tell the council that.

pinecone

I had the same situation a few years ago, the landlord was renting the rooms separately and all bills etc included, but he had put the council tax bill in my name and not paid it. Council wrote to me at my next address where I was registered to pay the council tax and threatened to send bailiffs round for this bill, I spoke with them and explained I was only renting a room and they realised the situation and took my name off 

hussnainh8

It was a individual room agreement 

Sorry to clarify I was renting a room not the house, my mistake for that

Yes it was a hmo (house multiple occupations)

I will give council a call tomorrow and tell them it was a hmo and I have my tenancy agreement to prove it.

Thank you guys will keep you updated on how it goes.

Robbo66

Even though the CT was included in your rent the liability actually stays with the tenants. You and the other tenants will need to pay the council tax and then claim it back via the courts from the Landlord

newsgroupmonkey_

Robbo66 said:

Even though the CT was included in your rent the liability actually stays with the tenants. You and the other tenants will need to pay the council tax and then claim it back via the courts from the Landlord

That's not true in an HMO

https://www.northampton.gov.uk/info/200028/council-tax/2351/houses-in-multiple-occupancy-council-tax

I quote....
"The owner of the property is liable to pay Council Tax if you live in a house in multiple occupation (HMO)."

MaryNB

hussnainh8 said:

It was a individual room agreement 

Sorry to clarify I was renting a room not the house, my mistake for that

Yes it was a hmo (house multiple occupations)

I will give council a call tomorrow and tell them it was a hmo and I have my tenancy agreement to prove it.

Thank you guys will keep you updated on how it goes.

Tenants in HMOs can be liable for council tax. It's the single room agreement you need to emphasise. 

MaryNB

newsgroupmonkey_ said:

Robbo66 said:

Even though the CT was included in your rent the liability actually stays with the tenants. You and the other tenants will need to pay the council tax and then claim it back via the courts from the Landlord

That's not true in an HMO

https://www.northampton.gov.uk/info/200028/council-tax/2351/houses-in-multiple-occupancy-council-tax

I quote....
"The owner of the property is liable to pay Council Tax if you live in a house in multiple occupation (HMO)."

Robbo66 said:

Even though the CT was included in your rent the liability actually stays with the tenants. You and the other tenants will need to pay the council tax and then claim it back via the courts from the Landlord

To clarify because it's not clear in this thread, tenants in a HMO are not liable if the are on separate contracts, each renting just their room. If they are on joint tenancy for the entire property they are liable for council tax. 

Linking council tax liability to HMOs alone is misleading and leads to confusion. Liability depends on the type of tenancy they are on.