Really confused regarding who is liable

[STK]

I began renting a room in an apartment last year, I have been living there for approx. 16 months.

For the first few months I had assumed that my Landlord was the other person I was living with. I made this assumption because he advertised the room, took the deposit, set the rent amount and the payment dates and gave me my keys.

However, I then found out that the landlord is actually someone else, who owns the entire building as well as other properties. My 'flat mate' did not originally tell the landlord (!) and a small rent increase followed but the landlord was fine with the situation in any case.

Now, I did assume that, as the topic of council tax was never discussed, it was being paid and included in my rent. Though, I'm now able to infer that my flat mate is receiving a single person discount.

I'm trying to work out what my next steps should be.

I am subletting from someone else (?) who has a tenancy agreement. I do not have a paper tenancy agreement. I pay my rent in cash to my flat mate who then pays the landlord. My flat mate is the person named on the tenancy agreement or maybe it is a freehold or lease or something but it's all in his name (as are all the bills).

What do I do in this situation? There are no arrears and I have not been contacted by the council. Do I pay council tax myself? Should my live in landlord be paying or the actual landlord? Who is legally responsible/liable?

Many thanks

[des8]

Re: Really confused regarding who is liable

Hi and welcome
The person you are renting from is responsible for Council Tax and can include part of the cost in the rent charged. They should tell the council if having a tenant means they are no longer entitled to a single person discount.

Here;s an overview from landlords point of view https://www.gov.uk/rent-room-in-your-home/rent-bills-and-tax.

Doubtless others will be along with a more detailed explanation

[lgfa92]

Re: Really confused regarding who is liable

Assuming it's England/Wales then it's Section 6 and 8 of the Local Government Finance Act 1992 that you need to look at.

I am subletting from someone else (?) who has a tenancy agreement.

This is the key point - they are liable for the council tax as they have the higher interest in the property under Section 6 and possibly it would also fall liable under Section 8 (which allows for the 'landlord' to be liable where the property is tenanted only by people who rent a room / rent only part of the property*).

Having seen a multitude of cases over the years ( I worked in council tax for a decade) my advice would be get something in writing clarifying you are renting from someone else - it'll be needed if anything does go wrong.

Craig

Council Tax (liability for owners) regulations 1992 (as amended).

[Adamna]

Re: Really confused regarding who is liable

Firstly, the 'live in landlord' should stop claiming the 25% single occupier discount, technically backdated to when you moved in. In which case they may want you to pay that 25% historically and in future, though it seems unfair. It sounds like they were letting a sleeping dog lie, and it should not backfire on you, but it might.

[Sporting]

Re: Really confused regarding who is liable

Firstly, the 'live in landlord' should stop claiming the 25% single occupier discount, technically backdated to when you moved in. In which case they may want you to pay that 25% historically and in future, though it seems unfair. It sounds like they were letting a sleeping dog lie, and it should not backfire on you, but it might.

The landlord (person holding the tenancy) may want you to pay the 25% discount that is lost as a result of you living at the property. However the tenancy holder will owe that debt to the council, not you. The landlord may, as mentioned, decide to pass that debt onto you, but any enforcement/recovery action will be taken against landlord not you.