Landlord wants to pay council tax

**proface** · 12th August 2008 13:23

Hi

Me and a friend are just about to sign a contract on a flat, we were going to pay all bills inc. council tax.

However the landlord has requested that they keep the council tax in their name. I could't see any problem with this but after thinking about it I coudn't see why they would particularly want too. The only thing i could think of was that they are planning to say it is a single occupancy or a second home, then claim discount leaving us to pay the full amount to them(effectively increasing our rent to them), especially as they said if we wanted car parking permits they would sort them out. (i'm thinking we wouldn't be registered there with the council).

Anyone got any advice, or am I just being paranoid?

Thanks

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**seftonview** · 12th August 2008 13:34

My advice would be do not agree to this arrangement.

Liability for Council Tax lies in law with the occupier. What happens if you're paying him the money, but he just pockets it? It's you and your tennant in common who will face a liability order.

It's just asking for trouble!

**KJD** · 12th August 2008 14:51

The landlord could also be keeping ct in his name to make it look like he is living there, ie his principal residence. If he then sells, he wouldn't have to pay capital gains tax (I think that's the one anyway).

I agree with seftonview.. trouble!

**proface** · 12th August 2008 17:28

Thanks for the quick replies.

Ive said to the agent that we'd prefer to pay it ourselves, now waiting to hear what they say back.

Do you think having it written into the contract that the landlord is meant to be paying it would make any difference, or is that pointless?

**MrShed** · 12th August 2008 19:08

Whilst I can see what the above posters are saying, I think they are being overly black and white.

A LOT of landlords pay council tax on behalf of tenants(for one thing, in order to advertise an "all in" rent). The reason for him wanting to do it may be dubious, but that does not really affect you in the slightest.

I think as long as you have it CLEARLY written into the TA that this is the case(and you have a copy SIGNED by the landlord), AND you get clear receipts for each payment you make for the council tax, I do not think that there is any real issue.

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