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Council Tax: Landlord or Tenant

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Just a quick question I need answered.

I am a tenant living in private accomodation. I pay rent to the landlord. Who is responsible for the council tax of the house? Is it me or the landlord?

Thankyou

Comments

  • depends what was agreed in your tenancy agreement. most tenants are liable for the c tax.
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    according to the council its the tennant but i know some lanlords offer to pay


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  • hodgester
    hodgester Posts: 174 Forumite
    depends what was agreed in your tenancy agreement. most tenants are liable for the c tax.


    tenancy agreement has nothing to do with it, it's the circumstances in which you live in that count. depending on who you live with, whether you have access to the whole property etc, etc. call your council who will let you know.

    a tenancy agreement in itself does not determine liability as it's just simply a contract between you and your landlord.
    it's not the council's fault your band is wrong, blame the Valuation Office !!!!! :rolleyes:
  • chappers
    chappers Posts: 2,988 Forumite
    hodgester wrote: »
    tenancy agreement has nothing to do with it, it's the circumstances in which you live in that count. depending on who you live with, whether you have access to the whole property etc, etc. call your council who will let you know.

    a tenancy agreement in itself does not determine liability as it's just simply a contract between you and your landlord.

    But it is legally binding and if it states the landlord will pay the Council Tax then he must, fair enough you may be liable but you could take him to court for it.
  • hodgester
    hodgester Posts: 174 Forumite
    chappers wrote: »
    But it is legally binding and if it states the landlord will pay the Council Tax then he must, fair enough you may be liable but you could take him to court for it.

    the term is NOT legally binding if it has no basis in law. the landlord cannot decide who is liable for council tax, the Authority does that, based on the terms of the legislation, ie LGFA 1992. the terms in acontract regarding liability for council tax are irrelevant, the law must prevail.

    you would also have no legal recourse against your landlord for your (incorrect) assumption that the terms of a tenancy were correct.
    it's not the council's fault your band is wrong, blame the Valuation Office !!!!! :rolleyes:
  • what i meant to say is that when you agreed to rent the property was it agreed in you lease that you had to pay the council tax. normally tenants do. its very rare that llords pay the council tax.

    if you are a single occupier you are entitled to a discount of 25%.
  • chappers
    chappers Posts: 2,988 Forumite
    hodgester wrote: »
    the term is NOT legally binding if it has no basis in law. the landlord cannot decide who is liable for council tax, the Authority does that, based on the terms of the legislation, ie LGFA 1992. the terms in acontract regarding liability for council tax are irrelevant, the law must prevail.

    you would also have no legal recourse against your landlord for your (incorrect) assumption that the terms of a tenancy were correct.

    I never at any point said the landlord would be liable for the council tax, in fact I made a point that he wouldn't.

    However the tenancy agreement is legally binding under contract law and if it says he will pay it then he has to pay it.
    I agree he may not be the one chased by the council and can not be made liable but, he could be sued for breach of contract if didn't pay it.

    I have been in this exact situation and although we didn't need to take the landlord to court, the council did agree to chase the landlord (even if they weren't legally obliged to do so) once we showed them our tenancy agreement.
    If he hadn't paid the CT , I admit I don't know what the council would have done or if they would have come back and chased us.
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