Hey there, Three friends and I are planning to move into a four bed flat in the next couple of weeks. The move is being organised by an estate agent. To secure the property we put a holding deposit down on the weekend, and were in the process of getting references together. Earlier this week the estate agent informed us that the landlord would cover payment of water rates, but that they also wanted to keep their name on the Council Tax bills and would take the repsonsibility to pay them, whilst slightly increasing the rent to be agreed in the tenancy agreement in order to cover the CT. Is it legal for our names not to be registered for council tax at the address? What is the situation if/when we register on the electoral roll? thanks

Not sure about the legality of it, but if you agree to this make absolutely sure that you have it in writing that the LL is paying the council tax. I'm still dealing with the fall-out from a LL who verbally insisted on paying the council tax in return for an increase in rent, but then didn't bother to pay it at all. If you're living in the house and he doesn't pay, it's you who will be dealing with the bailiffs banging on your door regardless of who is on the lease or electoral role.

In fact, if you do go ahead, I'd be inclined to be pro-active and take a copy of your contract showing that he's paying it to your local CT authority and ask them to keep it on record. Better safe than sorry.

Thanks for your response. Calling the Council offices I got two responses: First was that it shouldn't be allowed. Second was that it does happen, but if it doesn't get paid then the liability is with the tenant and we'd have to sue the LL. To be honest we're quite desperate to get a place sorted and I've requested getting everything in writing, and have asked to receive monthly confirmation of CT and water rate payment. I mentioned that I will be registering myself on the electoral roll, and that any info the council might need should be directed to LL. Is this a relatively safe position to be in?

Thanks for your response. Calling the Council offices I got two responses: First was that it shouldn't be allowed. Second was that it does happen, but if it doesn't get paid then the liability is with the tenant and we'd have to sue the LL

Legally the tenants are liable and would be responsible for any council tax due (and take their own legal action against the landlord).

I've seen numerous cases like this (I would in council tax recovery) and it can get messy very quickly if the landlord doesn't pay as its the tenants who will be pursued and be required to pay. There's also the fact that many landlords trying this do so as they want to claim they are resident at the address and use the council tax bills to support this.

Thanks for your response. Calling the Council offices I got two responses: First was that it shouldn't be allowed. Second was that it does happen, but if it doesn't get paid then the liability is with the tenant and we'd have to sue the LL. To be honest we're quite desperate to get a place sorted and I've requested getting everything in writing, and have asked to receive monthly confirmation of CT and water rate payment. I mentioned that I will be registering myself on the electoral roll, and that any info the council might need should be directed to LL. Is this a relatively safe position to be in?

I think it's as safe as you can be. I would suggest that you check with the council that payments are being made as well, just every couple of months or so.