Definition of an HMO - Me Vs Southwark Council+Ex-Landlord

[StarCrossed]

I'll try and keep this brief because I've told it so many times, to so many people I'm sick of it. I just want to make sure I'm going to CAB on Monday completely prepared.

 

I lived in a 3 bedroom shared house in london from July 2005 to December 2008. From the time I moved in till July 2008 I was a full time student and when I graduated my landlord assured me that my ctax had been included in my rent all along. I requested a new tenancy agreement as mine had run out years and years ago was with my dad's employers (my student accommodation was paid by them).

 

I was registered on the council tax from when I first moved in and as other tenants came and left I *assumed* (wrong move) that they were being as honest as me and putting themselves on the c tax. It wasn't until I found out my LL was telling them not to.

 

There were originally 3 rooms, two doubles and one single. Each rented out separately and each with its own tenancy agreement. We had locks on our doors and shared a kitchen, bathroom and a living room until June 2008.

 

In June 2008 my LL said that he was going to convert our living room into another bedroom in exchange for a tumble dryer and not increasing the rent. If we didn't like it, we could find somewhere else to live. So by the time I left there were about 6 of us living there.

 

Started getting letters about council tax but was assured by my LL (who never gave me my new tenancy agreement) that it was covered etc etc. Told the council this, they seemed appeased and then informed them I was moving.

 

Fast forward to 2 years later I start getting baliff's letters and threatning letters from the council about outstanding balance.

 

I have called and the person mentioned that it was listed as a single occupancy and I said, well no... there were other people renting. They said that they would carry out an investigation and I was no longer liable for C tax. I asked for it in writing and they said yes no problem.

 

I call back 28 days later as I have no letter and they say "Oh, we tried to gain access but were refused. You're still liable" Thank you for telling me this.....

 

I went to the CAB and the only way I can get rid of not only this £600 C tax bill that is all in my name and get the numerous credit searches against my name by some search agency hired by the council is to prove that the house was an HMO.

 

I've got 2 of the other tenant's tenancy agreements which have clearly stated "ROOM 2" and "ROOM 3" written on them and sent these to the council. These tenancy agreements are from 2007 though and I'm worried that the council are going to turn around and say either....

 

a) These aren't for the period of the charges (July 2008-January 2009) and thus I'm still liable

or

b) That the definition of an HMO in their area is different. I have come across a million different definitions and my head is spinning.

 

Any advice would be greatly appreciated as I have had to take a day off work to go to the CAB when the C Tax line is open.

 

Thanks in advance

[MrShed]

I think you are fighting the wrong battle.

 

You should pay the council tax and claim it back off the landlord as a breach of contract civil proceeding.

[MrShed]

Also - how many storeys did the property have?

[StarCrossed]

Sadly the LL is a dodgy bugger and never gave us a proper address etc etc the council have openly admitted they cannot find him as well.

 

It's not just the debt, it's the fact that the council hired a search company to track me down (despite giving them my new address, registering on the ctax there straight away and now at my current home) and they managed to do 6 searches for outstanding debt on my credit reports in 2 days. Which is great when I've just spent the last 2 years repairing my credit rating in order to start looking at mortgages in the next couple of months!

 

The building itself had three floors, but the lower floor only contained a storage cupboard and a set of stairs. I wasn't sure if this applies to the "three storey" rule, however the storage cupboard was used to store my LL's stuff.

[MrShed]

In that case, sue him at the address you do have, and put a charging order on the property you used to live at.