Hi everyone,

I am finding myself in a sticky situation,

I have been renting a 1 bed house since January this year, privately and not thru an agency.

Me and my girlfriend did not sign a paper tenancy agreement, knowing the landlord and having rented from him in the past. We have been told that the rent was all inclusive and not told "bar council tax".

We received a letter from council asking us as we are the occupier to pay for the 3 unpaid months of CT.

The verbal agreement was all inclusive, and the landlord did not tell us at anytime that we had to pay CT.

Who is then liable to pay the council ? as we thought part of our rent was being used to do so.

We then learned the SAME DAY, that the property was being repossessed in june...

Now in the situation where council is asking for around 400 pounds and need to pay rent this month.. plus find a deposit and month rent for a new property ( about £1700 in seaside Exmouth where we live ).

What are my options regarding the payments to the council ?

regards.

Unless you can provide evidence to the contrary then unfortunately you are liable for the CT.

The law is pretty clear and states that the individuals who are resident at a property are responsible for paying the Council Tax (irrespective of any private agreement between the tenant and landlord).

Not what you want to hear I know but sadly you will end up having to pay the council, if there reasonable they'll come to an agreement to repay ask for a hold to be placed on your account and offer to make monthly payments to cover the arrears. Whatever you do DON'T leave it get to court you'll end up paying additional costs and may end up with a bailiff chasing you.

You may be able to reclaim the money form your landlord if you could prove breach of contract in the small claims court, but as the contract was verbal it may be difficult!?

Thank you for your answers,

We are living in a flat at rattached to an HMO.

How can it be classed as self contained flat " definition of self contained: Constituting a complete and independent unit in and of itself ". when we do not have or own electric water and gaz ?

We are completly dependant from the HMO we are rattached to for these services.

We also have a door in our living room opening into the HMO, which people living there could open if they wanted to. Our living room is then just another room of that HMO...

The adress registered on the council website is Rear of "house number" all our bills are for Flat,"house number" there for we are occupying Flat, and no one has any proof of me being related in any way to "rear of" for which they are asking the CT.

If it were a HMO then the landlord would be responsible for paying the Council Tax as theres different regulations. Whether or not a property is self contained is a little outside my are of knowledge, my understanding is that if the 'flat' has its own kitchen and bathroom which can be separated (e.g. with a lockable door) from the rest of the property it would charged Council Tax in its own right, even if theres a communal front door, stairwell, etc.

the door in our living room leading to the HMO is not lockable.. it is possible to open it from inside the HMO so therefore anyone from that HMO could access our flat. which is why i dont understand why we have to pay council tax in the first place.

Was it a registered HMO? Check with the Council if it was then as previously stated the LL would be responsible for CT, if it were not registered then you will be responsible.

Yes the main house to which we are rattached is a listed HMO and figures on the council website as a HMO.

If the flat and the main house appear as separate entries on the Council Tax 'Valuation List' then you'll be expected to pay the CT on the flat as it wouldn't be considered part of the HMO. You may find it useful to speak with the listing officer of your local Valuation Office as they would be responsible for deciding which properties should appear on the list and what is considered self-contained.