Hello,

I have had the contract (the tenancy agreement prepared by the agency) with my landlord for 3 years now. A few weeks ago he met me informing me that "there are problems with The Council as they did not know my flat is rented (...)". He informed me that I should expect the letter from the Council demanding the council tax to be paid for last 3 years! We checked the contract that we have and it clearly says that the council tax is included in rent ("Rent includes council tax"). The situation is a bit strange to me as I cannot belive the landlord was not aware of that.

My questions are:

1. If the council asks me to pay should I pay it?

2. Who is reponsible for paying c. tax in this situation?

3. Does "Rent includes council tax" mean that the Landlord has to pay it?

4. What should I do if the Council requests the payment from me?

Your advice would be much appreciated.

Thank you

Robert E.

At first glimpse, it certainly seems that "rent includes council tax " means exactly that. You have paid your share of the council tax in with whatever rent payments you have made.

Do you have written confirmation of all your rent payments, and if so contact the council along with your signed contract.

If you make them aware that the landlord has approached you regards this matter, they may be able to delve deeper into it.

If they persist and want payment from you, i would contact a solicitor.

Hello bazak1

Thanks for your reply.

> Do you have written confirmation of all your rent payments

It was agreed that I would be paying by bank transfers and this is what I have been doing for 3 years. I don't have any receipts or invoices for every month. The only thing I can get is the bank statement confirming that I transfered the amount of XXXX pounds to the landlord account x times. Would that be enough?

Do you think I will have to pay the council tax and then claim it from landlord or I should force him to pay.

Cheers

Robert E.

I personally wouldnt want to be in the position where i was forced to pay it, because in theory you have already paid it, and have the contract and statements to prove it.

The tenant in most cases is ( obviously ) responsible for paying the rent, council tax,water and sewerage charges, BUT as yours have been included in the rent, and you have paid your rent up to date then it is not your problem.

If for some reason you do actually have to pay the council tax to them direct for the time you have been there then i would seek a refund for the same amount from your landlord and/or compensation for the grief caused.

The wording of a contract does not override the Council Tax Legislation - unless the property is an HMO then a resident tenant is liable. You would need to take a civil action against the L/L to recover any monies.

As i said, the tenant is obviously liable to pay the council tax, but a contract is a legal written agreement between all parties ( otherwise why have them ? ).

The following is taken from the SHELTER UK website, giving advise for tenants.

What should I check for in a written agreement?

If you have a written agreement, it should set out the rights and responsibilities you have while you're renting, and should list the terms and conditions you and your landlord need to stick to while you're living there. Read it carefully before you sign it and ask the landlord to clarify anything you're unsure of. Certain rights and obligations will apply regardless of what the agreement says - the landlord's repairing obligations, for example.

Check whether your agreement includes information such as:

• the name of the tenant(s)
  
• the address of the property (or room) you are renting
  
• the name and address of the landlord and the letting agent if there is one
  
• how much the rent is, when it is due and how it should be paid
  
• what the rent covers - does it include any bills, COUNCIL TAX, water rates or other charges?
  
• how long the agreement is for
  
• whether you have to pay a deposit, and if so, what it covers and what circumstances will mean you don't get it back
  
• whether you can leave before the end of the tenancy, and if so, how much notice you have to give
  
• what furniture, if any, will be provided
  
• who is responsible for getting repairs done (the landlord will always be responsible for external and structural repairs, and safety, regardless of what it says)
  
• whether you can sublet
  
• whether you can have lodgers
  
• whether you can pass the tenancy on to anyone else
  
• whether there are any other rules, for example, about pets, guests or smoking.
  

visit http://shelter.dev.squiz.co.uk/get_advice/advice_topics/renting_and_leasehold/private_tenants_rights -

You can also visit the Office of fair trading at The Office of Fair Trading: making markets work well for consumers

All i can say is that its pointless signing a contract if its not enforceable.

The contract is not agreeable by all parties as the 'contract' for council tax is between the tenant and the council - you cannot write a contract that overwrites the legislation.

Agreed BUT, as a tenant surely your contract is with your landlord/lady and yourself.

As the LL owns the property, isnt the bill theirs, but then obviously payed by tenants.

One other question i personally would like to know is..... If a landlord owns a house and lets three bedrooms etc to three tenants, does the council tax bill remain the same amount but split between four people.

For information, the below was copied from a lawyers advice website

Council Tax and Bills

Who is responsible for Council Tax?

If the occupier lives in a self-contained flat (even if part of your house), it is likely that the local council will bill him or her directly for Council Tax. If he or she only rents a room or rooms at your address, you will normally be responsible for paying the Council Tax. But you can ask the occupier for a contribution or include an amount to cover the cost of Council Tax in the rent charged. However, who is responsible for paying Council Tax can also depend on the terms of the agreement entered into. If there is any doubt as to who is liable to pay Council Tax, contact the local council.

Owner's liability

The owner (rather than the resident) of certain types of property is always liable for council tax. These properties are:

1. Residential care homes and nursing homes
   
2. Properties lived in by religious communities
   
3. Houses in multiple occupation (where the residents pay rent separately for their own room or part of the property)
   
4. A property which is the main home of someone in domestic service and occasionally lived in by the owner.
   
5. Homes of ministers of religion, from which they perform their duties
   

These are just some of the differing reasons at why Tenants ARENT always liable.

Hope this clears some of the confusion up.