tenant refusing to pay council tax

CYBERCIDERSAVER

Wonder what the rent is compared to the surrounding area..

Maybe the OP had a similar price but everywhere else chucked the cost of council tax on the rent and the OP is trying to screw more from his poor tenants?

BTL by any chance????:rolleyes:

So putting up the rent may end up with him having an empty HMO.:rotfl:

I hope the OP does learn from this and just chucks it on the rent in future - The more clauses and additional payments just leads to confusion and dispute - Why do you think macdonald's do extra value meals?????

Benefits_Blagger

my understanding of an "unfair term" was anything in a contract that tries to alter the law, e.g. notice terms etc. as the LL is liable for CT, him putting it in the contract similiarly altering the law.

FAO MrChips, I think I seen a case on the HPC forum, where someone was in a simliar position, e.g. LL wasn't paying CT, then when he found he was liable he tried to deduct it from the tenants deposits and in the end the LL lost, i will see if I can find the thread later.

red40

Any self contained flat within a HMO has always been liable for council tax with the council I deal with.

SquatNow

pinkshoes wrote: »

Why would it be unfair? Having previously rented for 10 years, if it said in my contract that I was responsible for my share of the council tax for an HMO, and I signed that contract, then I would pay. Anyone with half a brain would know that if the landlord paid the council tax, then the rent would be £50 a month higher!!

£50 x 4 = £200. x 12 month = £2400.

That's one hell of a council tax bill for a student hovel.

Or is the LL hoping to add on a profit margin?

olly300

red40 wrote: »

Any self contained flat within a HMO has always been liable for council tax with the council I deal with.

A self-contained flat is a separate dwelling as the cooking and bathroom facilities aren't shared with anyone else. If they are shared with other people then it's not a self-contained flat.

real1314

Benefits_Blagger wrote: »

my understanding of an "unfair term" was anything in a contract that tries to alter the law, e.g. notice terms etc. as the LL is liable for CT, him putting it in the contract similiarly altering the law.

FAO MrChips, I think I seen a case on the HPC forum, where someone was in a simliar position, e.g. LL wasn't paying CT, then when he found he was liable he tried to deduct it from the tenants deposits and in the end the LL lost, i will see if I can find the thread later.

So, your argument is that saying that the rent is £xx amount and that the council tax must be paid on top is more unfair than hiding the council tax in the rent?
I don't think you claim of transferring liability really stands up, anymore than a supermarket charging a price for a product based on their purchase cost implies that I am liable to pay their supplier.
Either way up a tenant pays the council tax: by their own liability; included in the rent; or on top of the rent.

melancholly

CYBERCIDERSAVER wrote: »

Wonder what the rent is compared to the surrounding area..

Maybe the OP had a similar price but everywhere else chucked the cost of council tax on the rent and the OP is trying to screw more from his poor tenants?

BTL by any chance????:rolleyes:

So putting up the rent may end up with him having an empty HMO.:rotfl:

I hope the OP does learn from this and just chucks it on the rent in future - The more clauses and additional payments just leads to confusion and dispute - Why do you think macdonald's do extra value meals?????

i don't know what the answer to the OPs question is, but this is just a bizarre post. how much unfounded speculation can you make? just becuase someone is a LL, you don't have to automatically assume they are evil and overcharging their tenants. at least wait for some evidence of that before assuming they are a BTLer who therefore automatically responsible for all evil on the planet...................... as a tenant, i don't care if the council tax is included in rent or paid separately as i make a decision based on the total outgoings i will need - far from being a manipulative LL, it is a really daft tenant who doesn't take that into consideration.

(and to SquatNow - students don't pay council tax anyway!!)

theGrinch

melancholly wrote: »

i don't know what the answer to the OPs question is, but this is just a bizarre post. how much unfounded speculation can you make? just becuase someone is a LL, you don't have to automatically assume they are evil and overcharging their tenants. at least wait for some evidence of that before assuming they are a BTLer who therefore automatically responsible for all evil on the planet...................... as a tenant, i don't care if the council tax is included in rent or paid separately as i make a decision based on the total outgoings i will need - far from being a manipulative LL, it is a really daft tenant who doesn't take that into consideration.

(and to SquatNow - students don't pay council tax anyway!!)

well said. I totally agree with you

CYBERCIDERSAVER

melancholly wrote: »

i don't know what the answer to the OPs question is, but this is just a bizarre post. how much unfounded speculation can you make? just becuase someone is a LL, you don't have to automatically assume they are evil and overcharging their tenants. at least wait for some evidence of that before assuming they are a BTLer who therefore automatically responsible for all evil on the planet...................... as a tenant, i don't care if the council tax is included in rent or paid separately as i make a decision based on the total outgoings i will need - far from being a manipulative LL, it is a really daft tenant who doesn't take that into consideration.

(and to SquatNow - students don't pay council tax anyway!!)

It may be pure speculation, but how many business models thrive on having a cheap headline deal and once you've signed on the dotted start hitting you with the charges not included.

I bet even you have gone in somewhere, seduced by a advert or sale expecting to spend a certain amount and you've ended up paying more.... Classic sales technique.

Also not everybody is endowed with such a huge intellect such as yourself. YOU may crunch the numbers to the nth degree to make sure you can afford it, but are you that arrogant that you cannot see some people may not understand these things or indeed be seduced by a oily salesperson who rips them off????

Simplicity is good for everyone. Including the LL because had he just added it to the rent we wouldn't be having this dicussion. Cos this thread wouldn't exist.

And I defend my write to query th OP's motives in having a seperate ct clause. I'm sure he/she is big and bad enough to be able to defend himself should he/she feel unjustly criticised.

OP why did you feel the need for a seperate clause?

Benefits_Blagger

real1314 wrote: »

Either way up a tenant pays the council tax: by their own liability; included in the rent; or on top of the rent.

nope the tenant would have found somewhere else where the rent was cheaper and the LL wasn't unscrupoous enough to try and dodge his council tax liabilities.

but hey I guess LL's need to get their extra cash somehow now that they can't rip peoples deposits off them anymore.