Council Tax - Tenant or Landlord Responsible?

[Chalkitup]

Hello All,
A good friend of mine let out a house to a lady ... she then "did a runner" and he is being chased for the council tax by the local council for the time she was living there.
She did not pay the council tax at all and her name was down as liable person to pay etc etc with the council.
My friend now sold house BUT he has a summons received last Wed to appear in court tomorrow (Tuesday) re non payment of council tax during the dates the lady was living in the house!!
Anybody help me to advise my friend on this one please?

Thank you

Onwards and Upwards

Chalkitup

[reallylight]

I could, and mostly probably am, wrong here but I think it is the homeowners responsibility unless otherwise stated in a tenancy agreement. Usually, in the agreement, it will state that the tennant must pay the council tax for their period of stay.

[thefenz]

It is the tenants responsibility so long as it states it in the rental agreement.

If your friend goes to court and show the tenancy agreement, more than likely he will not even go in to the court room. The council or court may ask for proof of rent payment.

I say this on good authority as I have been in the same boat before with tenants not paying and council tax pursuing me for their bills.

[nedjma]

It is usually the tenants responsiblity to pay their council tax as I know to my mis fortune. If it does not say in the tenancy agreement that the tenant has to pay the landlord may become responsible.

I cannot afford to pay my council tax but I rent my flat fully furnished so no bailif can touch a thing. Despite this I am repeatedly threatend and harressed by ROSSENDALES who alledge they are profesionals. Professionals my foot. They are nothing more than glorified loan sharks. I have absolutely refused to their charges

[Chalkitup]

Thank you reallylight, thefenz and nedjma.

I have passed the info to my mate and he will be taking to court the tenancy agreement (which states the lady was responsible for council tax) and proof she was paying the rent hence living there during the dates involved.
He is somewhat confused by the council action as he has already told them she (the lady tenant) was responsible for paying.


Onwards and Upwards

Chalkitup

[underdog13]

I was 'informed' by a hulk of a woman from my local council that if my tenants don't pay C Tax, the council will hold me responsible! I am sure this is wrong as the woman in question was a complete moron and made mistake after mistake, despite holding a senior position and being very full of her own self importance. Nice to know our taxes are spent on the high wages of such deserving individuals
Basically the council will try it on and grab their money from whoever they think they can bully into paying it. Landlords beware; check your tenancy agreements.

[Chalkitup]

Hello All,

The final outcome was ....

My mate won as it stated in the tenancy agreement the lady was responsible for council tax.

Thank you all for your help.

Onwards and Upwards

Chalkitup

[underdog13]

Great result Chalkitup - good to know my 'uncredible hulk' at the council was wrong, believe it or not she's just been promoted to a senior position

[nedjma]

Underdog13 knowing what the council employees are like here in Gateshead I am not at all suprised that an incompetent like this has been promoted. Most of Gateshead councils staff are as bright as a blackout. In my opinion though the council still has far to much power to harress people who simply cannot afford to pay council tax. I am one of those. I still have arrears and I still can't afford to pay them off.

[underdog13]

My heartfelt sympathies Nedjma. I think you have to be a special kind of moron to be employed by the council in the first place. Totally agree with you about them having too much power. The irony is, if you don't pay your council tax you can go to prison, but prisoners don't have to pay their council tax while they're locked up - it would be funny if it weren't so tragic.

[nedjma]

Yes you also don't have to pay your council tax after you are released from prision. The logic of our goverment. Instead of realising people were refusing to pay council tax because they can't afford it they think they can force people who are low paid and in part time employment like me to have enough income to cover all my bills which I simply don't. I can't afford to pay half my bills this month because I bought food for a change. I still don't have enough food either and that cost me over £85 excluding cat which I forgot. Most of my money goes on my rent. I am having trouble with my landlord. He is refusing to accept my rent and trying to evict me now. I am sure this must be illegal?? Surely a landlord cannot refuse to take rent from his tenant then try to evict them on grounds of arrears he has caused himself?????????????????

[underdog13]

Hmmm sounds to me like your landlord is just looking for an excuse to evict you so he can sell up before prices drop even further or so that he can relet to another tenant with an increased rent. I'd take some advise if I were you Nedjma, tanants have a lot of rights and protection nowadays. I'm sorry you're having all these problems; must be a nightmare.

[nedjma]

Yes I am. I'm in a catch 22 situation. Pay my rent and be unable to pay my council tax or pay my council tax and not be able to afford to meet my whole monthly rent. The goverment in this country arrogantly refuses to admit to or see the plight of people like me and there are many more exactly like me all over the country. In my tenancy agreement it states that me and my landlord have an agreement that I pay him monthly to live in his property which is my home due to paying rent. Due to this agreement I am almost certain it is illegal for him to try to evict me becase he refuses to accept my rent payments. I am sure this is the reason the court refused to evict me the last time he tried to evict me. The court said it was his own fault. He is also trying to evict me for a second time without giving me notice and I know he can't do this. He must provide a tenant with notice and give you time to respond when going through an eviction process. He is refusing to carry out repairs on my property so I think he is hoping to get a new tenant who won't complain about this issue.

[underdog13]

He sounds like a real jerk! Sympathise over the rent and C tax situation; I think I would prioritise the rent if I were you, but I'm no expert of course! Best of luck.