Landlord insolence

[YANIS]

Hi,
I have huge problem with Council tax, becouse of Landlord.
I was renting small room (annexe) with bathroom, but without kitchen. Kitchen was in shared house next to annexe.
Rent was 480GBP per week - too much for small room, but there was bathroom.
Agency and landlord told that rent including all bills, even Council tax. In agreement written only situation when council tax pay Landlord and when tenant, but not written who liability it is.

Now, 3 months after I moved out from there, to my new adress I get Council tax bill for this annexe 500GBP and same day I get reminder.
I went to Council, and they told, that this annexe was banded with council tax before 2 years and it's tenant liability to pay concil tax.
It means, that Landlord didn't pay council tax and took this money, he said that he will pay council tax so he can ask bigger rent. Now law is in his side and I need pay Council tax.
Is there any chance to accuse landlord for fraud? Only evidence I have, is 2 voice records of agency and even landlord, where they confirm that we didn't need pay council tax, becouse it was included in rent price.
Please help me with this.
P.S. I'm not good with english, thats why my writing is maybe funny.

[Kati]

Re: Landlord insolence

Hi Yanis, and welcome to LB :tinysmile_grin_t:

You say that you have voice recordings of the landlord and the agent saying you did no have to pay Council Tax because it was included in the rent?

I would suggest that you take these recordings to either your local Citizens Advice Bureau or your local MP (both would be OK). Did you tell the council that you have these recordings?

Kati x

[enaid]

Re: Landlord insolence

I would also check your tenancy agreement issues like that should be clearly stated in it.

[YANIS]

Re: Landlord insolence

Thank you for response,
I have these recordings, but council interested only thing that it's my liability to pay it. They said I need speak with landlord, but landlord even not came to opointment, he said thats my problem and he don't need to speak with me.
I will try visit Citizens Advice Bureau, then we will see what they can suggest.
Thank you

[enaid]

Re: Landlord insolence

Did you have a tenancy agreement? if so what did it state re Council Tax liability?

[enaid]

Re: Landlord insolence

Assured Shorthold Tenancy Agreement – Room Only

When should this tenancy agreement be used?

This is for use where a non resident landlord rents out an individual room to a tenant e.g. in a shared house or a bedsit. The accommodation will be non self contained so that the tenant will share facilities (e.g. a bathroom or kitchen) with other tenants in the same house/building.

Determining liability is more complicated in the case of shared houses. Where the dwelling has been adapted for use by more than one 'household' (ie. an individual or a family unit), or where individual tenancy agreements allow exclusive use of only part of the dwelling with other facilities (such as a kitchen or a bathroom) shared, then the property will deemed to be a 'house in multiple occupation' and the owner or landlord will be liable for Council Tax. Otherwise the occupant(s) of the property will be liable. If you believe your property should be be classed as a house in multiple occupation please contact the Council Tax office but you must continue to pay your bill as requested until a decision has been made

[Kati]

Re: Landlord insolence

Yanis ... it would help us to advise you more if you could tell us about your tenancy agreement (as suggested by enaid)
K x

[YANIS]

Re: Landlord insolence

There is:

Statutory Concil Taxes
Payment of any Council Taxes arising from the occupation of the Property by the Tenant pursuant to this agreement shall be the direct responsibility of the Landlord when the Council Tax banding covers the entirety of the building shared. Should the VOA or other body deem the part of the shared property occupied solely by the tenant to have a seperate Council Tax Banding either before or during the tenancy then liability for that part of the building so banded will transfer directly and solely to the tenant during their tenancy there.

And there is sentence at 1st page:
The rent is Inclusive of bills.

[Kati]

Re: Landlord insolence

If your tenancy agreement says that council tax is payable by your landlord (and you have the recordings too ) then I cannot, personally, understand why the council are saying it is your debt!
Try to get an appointment with your local CAB or MP as soon as possible ... they will help you to argue against this 'debt' (and will probably ensure it is dealt with sooner too)
K x

[YANIS]

Re: Landlord insolence

So, if it's seperate building, with bathroom but without kitchen, then it's possible to classed as multiple occupation? I needed use kitchen in shared house, but noone use my bathroom becouse it's annexe - seperate building.

[FlamingParrot]

Re: Landlord insolence

So, if it's seperate building, with bathroom but without kitchen, then it's possible to classed as multiple occupation? I needed use kitchen in shared house, but noone use my bathroom becouse it's annexe - seperate building.

How many people live in the property? This is the official definition of multiple occupation:https://www.gov.uk/private-renting/h...ple-occupation

Your home is a House in Multiple Occupation (HMO) if both of the following apply:

• at least 3 tenants live there, forming more than 1 household
• you share toilet, bathroom or kitchen facilities with other tenants

If in doubt, you should contact Shelter: http://england.shelter.org.uk/get_ad...ple_occupation

Your home will probably be an HMO if:

• three or more unrelated people live there as at least 2 separate households – for example, 3 single people with their own rooms, or 2 couples each sharing a room
• the people living there share basic amenities – for example, a kitchen and/or bathroom

An HMO could be:

• a house split into separate bedsits
• a shared house or flat, where the sharers are not members of the same family
• a hostel
• a bed-and-breakfast hotel that is not just for holidays
• shared accommodation for students – although many halls of residence and other types of student accommodation owned by educational establishments are not classed as HMOs

Get advice if you're not sure if your rented home is an HMO.
Ask your local council to check if your home is registered as an HMO, or use Shelter's directory to find a local housing adviser.

[YANIS]

Re: Landlord insolence

Problem is there, that this agreement not saying anything about seperate buildings, it's only about shared house or shared house parts.
Council just took a look in computer and sayd, that tenant need pay tax, becouse its seperate banded.

[FlamingParrot]

Re: Landlord insolence

Problem is there, that this agreement not saying anything about seperate buildings, it's only about shared house or shared house parts.
Council just took a look in computer and sayd, that tenant need pay tax, becouse its seperate banded.

You could do worse than get some advice from a housing advisor as noted above. :thumb:

[ploddertom]

Re: Landlord insolence

I think you may find the Landlord has taken advantage of you.

[YANIS]

Re: Landlord insolence

But if I pay this Council tax - is there any chance to get this money back, becouse this amount is growing. I want know is there point start court against Landlord, and ask him compensation?