Help! Council Tax was inclusive in Rent

garichd

Hi All,

After Days of Sleepless nights I thought of taking advice from you people.

The Rent of the last property I was living was all Inclusive. It was called Licence fee.
I lived there for 15 Months. Now After moving out of there I am getting Council tax bill amounting 1400 pounds for the period I was living there.

I went to council inquiring this bill and they are saying it's irrelevant if it was inclusive in my rent. I am the responsible person for this tax and they will not bill landlord for this.

Can anyone please advice me on this and what is the law.

Thanks
Gari

minimadtrix

If it was worded in your tenancy agreement that the rent included council tax, then I think you'll need to speak to your ex-landlord to see what's happening. One thing I don't understand is why, after you've left, you've got a council tax bill for there. Whose name was the council tax bill in when you were in the property? Did you ever receive a bill whilst you were there?

By the way, the council tax people will not bill the landlord as they will see you as the person responsible for the property and not the landlord.

zzzLazyDaisy

Strange that your 'rent' was called a licence fee. That would normally only apply if you were lodging with someone, in which case the person responsible for the council tax would be the person who had primary resposibility for the property - ie a live in landlord.

Could you clarify this please?

dzug

Well strictly speaking, you are the first in line to be responsible for paying the Council tax bill - as the tenant. The landlord (owner) is last in line.

Not sure what happens if he's been 'collecting' it in the rent and not paying it over. Trouble all round I would think.

The order of hierarchy is:

1. The person who lives there, who owns the freehold;
2. The person who lives there, who owns the leasehold;
3. The person who lives there, who is a statutory or ‘secure’ tenant;
4. The person who lives there, who has a contractual licence;
5. The person who lives there, or;
6. The owner.

garichd

zzzLazyDaisy wrote: »

Strange that your 'rent' was called a licence fee. That would normally only apply if you were lodging with someone, in which case the person responsible for the council tax would be the person who had primary resposibility for the property - ie a live in landlord.

Could you clarify this please?

Yes, Even I am not sure about this. The contract I Signed was called Licence to occupy, however it was Self contained flat.

The thing I am wondering is how come council is now billing for last 15 Months.
It means council never bills the landlord hence landlord never Pays?

Is there any Lawyer on this forum who can help a bit?

Thanks,
Gari

zzzLazyDaisy

Okay, that clears that one up. Your Landlord was attempting to avoid the laws relating to tenancy occupation by calling the arrangement 'a licence to occupy'. In fact, in law, it was a tenancy, plain and simple.

Unfortunately, as sole occupier of a self contained flat, YOU are the person legally liable to pay the council tax, and the council is perfectly entitled to demand the money from you. The fact that you have already piad it to the lanlord doesn't concern the council one jot. The best you can do is to try and come to an arrangement for payment by installments.

Do you have a written agreement stating that the rent included council tax? If so, you would have a good case for taking the matter to the small claims court for recovery of a debt - that is to say, the amount that the council are now claiming from you. But you need to know where the LL lives, so you can have the court papers served on him, and even then there is no guarantee that he will pay up, even with a court order.

jobbingmusician

One point to bear in mind if you do end up having to pay this bill....

£1400 seems an awful lot for a single person for 14 months. As I say, IF you end up paying, make sure the council knew that you were living alone (assuming that you were) as you should be entitled to a 25% reduction on the basic rate.

zzzLazyDaisy

While it is true that a single person living alone is entitled to a 25% discount on the council tax, it has to be applied for and is unlikely to be backdated for the whole of the tenancy (if at all). But I agree, worth a try. After all, on the assumption that OP was the only person on the electorol roll at that address, there is backdated evidence of this.

takoo

Hi Gari

Even if you have an agreement which says your "landlord" pays the council tax, as occupier you are liable for the council tax (as posted before).

You need to get your landlord to repay you. Small claims court has been mentioned but if fraud rather than innocent oversight is involved you may want to go to the CAB for advice as to where to turn to.

Did you pay a deposit and has it been protected?

Good luck

Takoo

garichd

takoo wrote: »

Hi Gari

Even if you have an agreement which says your "landlord" pays the council tax, as occupier you are liable for the council tax (as posted before).

You need to get your landlord to repay you. Small claims court has been mentioned but if fraud rather than innocent oversight is involved you may want to go to the CAB for advice as to where to turn to.

Did you pay a deposit and has it been protected?

Good luck

Takoo

I did pay the Deposit , But didn't pay the last months rent after getting advice from one of the forum member.

I am going o CAB for further advice.

There was 9 Flats in the building and all were rented the same way. Only I am the one who gets these bills , not sure why...