Landlord not passing on cost of living rebate

greatdane665

I have a question regarding the recent cost of living council tax rebate.

I am a single occupier of a 1 bed flat. In addition to rent I pay council tax monthly to my landlord who then pays it in their name. I’m not sure why this is the case as in previous rentals I have always paid directly to the council myself. But I did not really question it until now. 

We also pay our landlord quarterly for electric, gas and water based on the amount we used (provided by meter readings).

In April the cost of living council tax rebate was paid directly to the landlord which I believe should not be the case as they are not the tenant of the property and live in France.

They have not passed on (or even mentioned) the rebate to us until I brought it up this week.

I am moving out this month so requested it be paid to me but they are stipulating that the rebate is to cover the cost for 22/23 financial year so I am only eligible for April - July (£50).

I feel this is grossly inappropriate and abusing my rights as a tenant.

Am I correct demanding the full £150? It’s really depressing that they can abuse their position as a landlord on this issue.

Thank you.

Brie

I would want confirmation that the landlord has actually paid the council tax.

The_Fat_Controller

If you are not actually the council tax payer then you are not entitled to anything.

You were obviously happy with the arrangement.

Accept the generous offer from your landlord.

elsien

Brie said:

I would want confirmation that the landlord has actually paid the council tax.

Or any other taxes. 

The_Fat_Controller

@elsien and @Brie if the OP does not have any bills in their name then there shouldn't be any problems.

molerat

The_Fat_Controller said:

@elsien and @Brie if the OP does not have any bills in their name then there shouldn't be any problems.

There could be if they do not have the correct paperwork to not withhold income tax from their rent

Brie

So what if the landlord hasn't actually been paying council tax?  And is not in the country?  Would the council come chasing the OP for back taxes?  

I only ask really to ensure that the OP doesn't go chasing after £150 only to find they are being told they owe £XXXXX instead.

sammyjammy

morally he should give you the money and its not a council tax rebate.  Legally its his money and there isn't anything you can do.  Presumably they will keep the £400 energy credit as well.

molerat

Brie said:

So what if the landlord hasn't actually been paying council tax?  And is not in the country?  Would the council come chasing the OP for back taxes?  

I only ask really to ensure that the OP doesn't go chasing after £150 only to find they are being told they owe £XXXXX instead.

Yes as the op would generally be considered the liable party in a single occupancy dwelling.

aoleks

who's on the bill? you or the landlord? if it's you, you should get the £150, but pro-rata (it's meant to cover the 2022/2023 council tax year). if it's the landlord, it's not your money to start with.

Voyager2002

The essential point is that if the landlord did receive the £150 energy rebate, his claim for it was fraudulent. In which case, if the OP responds to the "generous" offer by saying he is going to contact the Council to check the position, the landlord is likely to give in and hand over the dosh.

Technically, if the landlord is paying Council Tax but not living in the property then the rebate is not due. While it is possible that the landlord has not in fact been paying the tax, if that were the case letters from the council would have been arriving at the property.