Hi, This is a bit long so i will try and keep it as short as possible, i have accepted that i will have to pay it for my own mistake but if there is someone out there that knows some way i can get out of it, then bonus.

ok, i moved in to a flat Nov 2009, there are three flats above a shop, it was advertised as 450 pcm, council tax included. The agency also confirmed in person that it was CT included and i took the flat on that basis.

Cue the other day, i receive a bill for £1317 for CT from when i moved in. It wasnt in the tenancy aggreement that is was CT included, i only signed a 6mth one at the start and nothing since.

the girl upstairs said she had the same problem, receiving a bill in her name but her tenancy had it written in pencil and the agency (a diff one to the one i went with) wrote a letter confirming it was included so she has got off paying it.

My agency said i need to speak to the landlady who just said send it to me and i will have a look but she is saying it wouldnt have been CT included otherwise she wouldnt have made any money by the renting of it.

I feel i am pretty much stuck due to me not getting it written in the contract. I did have a copy of the advert after what happened to the girl upstairs but when my hard drive went last year i lost it.

The landlady also says the girl upstairs is now paying it but i know she has received no bills as it was sorted by the letter her agency gave her saying it was included.

The landlady is a bit dodgy basically and i am now probably moving out next week to avoid her. Is there anyway i can get this bill put onto the landlady's name or am i stuck because i signed (6mths only, over a year ago) a contract saying i would pay it?

Any help would be appreciated but i think i need to just pay it and learn the lesson.

A verbal contract with an agency could be proved to be legally binding.. ask for a full details of your contract and write down exactly what was said to you in order for you to take the contract in the first place..if you can prove that it was reasonably expected that the council tax was included in your rental payments then you could be in the clear..ask your neighbours what they pay and if Council tax is included in their rental payments..good luck..

Well one neighbour I never see, he apparently has the place just for when he argues with his wife and needs somewhere to stay, not seem him in 6 months.

The girl upstairs doesn't pay council tax, but it was written in her contract. Although mine was advertised as included it wasn't written in my contract...my fault for not getting it added in.

you could go down the route of False advertising... If something is advertised as one thing then becomes another ..its dodgy to start with and as your upstairs neighbour pays inclusive you could reasonably argue that you thought it was included and put the pressure back to the landlord..It certainly sounds like she's trying to pull a fast one..Explain the situation to the council tax office and see what happens.. at this stage you have nothing to lose.

The tax office said as i am the tenant i have to pay unless i have a letter from the landlady saying its inclusive. The agency just fobbed me off saying i have to speak to the landlady. I cant prove false advertising as i dont have a copy of the advert anymore.

I would assume as you are using the agency as a "agent" they must have a copy of the original advertisement, Ask for a original un-adjusted copy of it. If you can't get one then It may prove very hard to get your case across..

Ill try that but i dont think i will have any luck tbh, it was advertised on gumtree. i have emailed them to see if they have archives but had no reply so far.

thanks for all your help though, appreciated.

The tenancy can say what ever it likes however the liability for council tax is governed only by council tax legislation.

If you rent the flat above the shop and you are the sole tenant of that flat then you are liable for the council tax on that property, not the landlord, unless it falls under the regulations governing council tax HMO's.

Is the property banded separately for council tax ? (check at http://www.voa.gov.uk )

It was only banded after i put myself on the electorol roll last year, they then had the date i moved in from and have billed me from there. They said they didnt know it was being used to residential purposes until they had notification about me living there so the landlady hadnt registered the property for it at all.

It was only banded after i put myself on the electorol roll last year, they then had the date i moved in from and have billed me from there. They said they didnt know it was being used to residential purposes until they had notification about me living there so the landlady hadnt registered the property for it at all.

That is unfortunate but providing it is a valid dwelling (as it is now) then , again assuming its not an HMO, then you are the liable person.