Chased For Council Tax We Don't Owe *URGENT*

[The_Sherinator]

Hello,

 

My wife and I privately rented a property from February 2007 - April 2009 and there was a clause in the contract saying that the council tax was inclusive in the rent. Everything was fine until we moved out. Soon afterwards, we received a letter from the council saying that we owe £311 and change in council tax from November 2008 to April 2009. We tried explaining to the council that the council tax was included in our rent and the landlord should have been paying it. The council told us that it was a private arrangement between us and the landlord and because we were named as living in the property then we are liable. The letting agency sent the council a letter explaining that the landlord of the property was liable and a copy of our contract was also sent which clearly stated that the council tax was to be paid by the landlord. Again, the council said it didn't matter. Eventually, the letting agency called us and said that they had managed to reach the landlord and she agreed to clear the amount. We never heard anything else from the council and assumed that it had been dealt with. How wrong we were. A couple of days ago, we received a letter saying we owed £311 and change and to pay immediately or face legal proceedings. I called the council straight away and told them that this had been sorted 18 months ago. The council said that they knew nothing about the landlord paying and nobody had arranged to make any payments. They also said that the account had been closed but re-opened in January. When it was re-opened, they sent letters which contained details of a payment plan that the council had arranged but, and I quote, "You might not have received it". Again, they're not interested in our tenancy agreement. We lived there, we owe the money regardless unless the landlord admits liability. They want the money now but are considering holding off on any action but they might not necessarily decided to give us time to sort it out. My wife and I are furious as you can imagine. We've spoken to the letting agency that we rented the property with but we've yet to hear back from 'the manager'. What can we do? We're do we stand? Can we get the council off our backs?

[padja]

I would personally let them take you to court, you can show quite well with contracts and letters that you were not liable and that you had paid the landlord as part of your rent. i would be very surprised if judge made judgement against you. I think you may need to go to local CAB, and get a legal view on it.

[The_Sherinator]

Hello,

 

I did go to CAB back in 2009. CAB called the council and the lady from CAB had the tenancy agreement in front of her. The council again said that agreement or not, we were living there therefore we owe the money. We didn't get anywhere.

[cerberusalert]

Moved to the Council Tax forum.

[ploddertom]

In theory the Council are correct and it is up to you to pay then claim it back from your landlord. Have a read of the below which is advice freely given on a lot of sites about who is liable.

 

Who has to pay council tax

 

Usually one person, called the liable person, is liable to pay council tax. Nobody under the age of 18 can be a liable person. Couples living together will both be liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.

Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.

The owner will be liable if:

 

• the property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately; or
  
• the people who live in the property are all under the age of 18; or
  
• the property is accommodation for asylum seekers; or
  
• the people who are staying in the property are there temporarily and have their main homes somewhere else; or
  
• the property is a care home, hospital, hostel or women's refuge.
  

If you think that the owner of the property should be paying the council tax, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.

The hierarchy of liability is:

 

1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
   
2. a resident tenant
   
3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
   
4. any resident living in the property, for example, a squatter
   
5. an owner of the property where no one is resident.
   

PT

[ss002d6252]

As far as council tax legislation goes then you are liable for the Council Tax (Section 6 of the Local Government Finance Act 1992) irrespective of any arrangement with the landlord - any personal agreement with the landlord cannot override Council Tax legislation.

 

If you have an agreement with the landlord then that is between him and yourself. You would need to take him to court for breach of contract to recover the money.