Landlord not passing on cost of living rebate

OhWow

molerat said:

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

This
https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

If that isn't in the How to Rent booklet, you could ask your MP why it isn't?

https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england

OhWow

Do the council know you are living there?

Does the mortgage lender know you are living there and have they given their permission for the borrower/s  to let?

If they are trying to pretend they are still living in the UK, I wonder why?

macman

If this really is a separate dwelling unit, then the OP, as the occupier,  is liable for CT, not the LL.
First thing to do is to check that the property is actually registered for CT.
Strong suspicion here that it's an 'unofficial' conversion, not declared for CT, and the LL is not declaring the rental income. The fact that the utility bills are all in the LL's name only adds to that suspicion.
You should never have accepted a tenancy on such a basis.
Your desire to get the £100 should be countered by the very real possibility that, if you raise this with the LA, they will bill you for x years of unpaid CT, which will potentially be thousands. Better to move on and let sleeping dogs lie.

Grumpy_chap

Is it possible that the rebate has been passed on in kind, by not increasing the rent this year?

macman

If the property is an HMO, then the OP is not entitled to a rebate. 
If it's not, then the LL is probably in breach of numerous regulations,not just for CT. 

OhWow

macman said:

First thing to do is to check that the property is actually registered for CT.
Strong suspicion here that it's an 'unofficial' conversion, not declared for CT, and the LL is not declaring the rental income. The fact that the utility bills are all in the LL's name only adds to that suspicion.

Or the lanldord is trying to pretend they live in the UK to get something from the UK? Benefits from the UK? Free NHS (if they moved to France after the end of the transition period on 31 December 2020) and would now be billed to use the NHS @ 150% of the NHS cost? University Home Fees and Student Loans at some point in the not too distant future?

OhWow

Is the property in England?

Your local library will have council tax lists. Look to see if your flat has been registered. If it has, who did the landlords declare was living there while you were in the flat?

You could check to see if the flat is registered on Land Registry.

https://www.gov.uk/search-property-information-land-registry

If it is, you can get a copy of the title deed for £4. That would have their mortgage lender and if it looks like they are still down as living at the property (say, perhaps the registry has not been updaed yet) you could write to their mortgage lender and ask if they gave the borrowers permission to let the property to you?

jj_43

You pay a service charge which covers all the bills. The rebates reduces those bills so you can only pay for the reduced amount. The electricity resale acts/directions cover this. Your entitlement is only via the reduction in bills, not the actual cash in your hands.

macman

Where do you get 'service charge' from? The OP made no mention of a service charge: the LL simply collects the CT and bills the utilities to the tenant.
The only possible reason for taking on all that extra admin is to conceal the existence of a tenancy and property.

jj_43

The council tax is included and payable to the landlord (it’s a service charge), there are many reasons why it could be done in this way. Not sure what the extra admin would be? Having the bills in one name consistently is actually less admin than notifying the council between voids. Not sure what’s to conceal here, having a council tax in tenants name does not identify a property as landlord.