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nobrand
Joined: 17 May 2008 Posts: 7
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Posted: Sun May 18, 2008 3:11 pm Post subject: Council Tax-when you shouldn't pay |
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Why should you pay council tax when the landlord is breaking the law? Landlords, particularly in the Golders Green area of north London are now renting out rooms but with a single contract for the whole house. This means that you put your name onto a single contract when you move in with the other people who rent the rooms. You get no contract for yourself.
The reason that this is done is because it means that under a single let (like a family for example), the tenants are responsible for paying the council tax. As a multi occupational rent, i.e. renting out rooms separately, the landlord is responsible for the council tax. Also, as a multi-occupational rent, strict regulations have to be adhered to which are put in place by the council. All rooms must have spring latches, fire blankets and must be fire proofed which costs quite a bit of money.
Recently I was renting a room in a 4 bedroomed house with three other people I did not know. I convinced the others not to pay the council tax and the landlord was contacted and forced to pay himself. We stood our ground. Not only that… he was seen as an unreliable owner and had to pay the following years tax upfront al at once.
The council will not chase after tenants, it is too much hard work. If you are renting a room and you do not have a contract for yourself, do not pay unnecessary taxes. |
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Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 4755
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Posted: Sun May 18, 2008 4:33 pm Post subject: |
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By single contract, do you mean joint contract - one where there are multiple tenants that are jointly and severally liable? These are very common types of contracts which most landlords and letting agents issue. The majority of tenants have to pay for the majority of utility bills and council tax - typically these are commonly excluded.
A local council website will indicate the payment hierarchy to say who is liable and how the HMO legislation impacts it. Generally, residents are usually primarily responsible. Even in the case of a non-licenced HMO where an owner is deemed to be responsible, there is a dependency on the wording of the contract and landlords can add it to the rent.
There are two aspects to a HMO - definition and whether the landlord requires a licence and I think they've been confused on the previous post.
Most properties can be defined as a HMO (2 + unrelated tenants). In England & Wales, only properties of 5+ tenants of 2+ households AND 3 habitable storeys require the landlord by law to have a licence (though some councils have bought in discretionary or additional licencing schemes). These licenced HMOs do require extra health and safety compliance. Non-licenced HMOs do not. |
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hugheskevi

Joined: 07 Jun 2007 Posts: 178
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Posted: Sun May 18, 2008 10:27 pm Post subject: |
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Surely you established the arrangement with bills before moving in (if not, why on earth not?)
I've stayed in lots of shared places now - sometimes the landlord pays the council tax, sometimes the tenants. It doesn't particularly matter how it is done, it is all reflected in the price whichever why it is sorted.
If you signed a joint tenancy and with tenants responsible for bills then it sounds like you are the sort of tenant landlords rightly seek to avoid, with good reason. |
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nobrand
Joined: 17 May 2008 Posts: 7
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Posted: Mon May 19, 2008 11:08 pm Post subject: |
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Bluey
This particular household had 5 tenants. The landlord was compelled to have a licence and as such was responsible for the council tax. We all agreed that we shouldn't pay. Although the contract stipulated that the tax must be paid by the tenants, in reality most landlords won't go to the bother and expense of chasing tenants.
The council say all sorts of things to whoever is on the phone. They just want their money. |
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nobrand
Joined: 17 May 2008 Posts: 7
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Posted: Mon May 19, 2008 11:17 pm Post subject: Council Tax |
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Hugheskevi,
When you answer an advertisement for a room you expect a contract for that room for you alone. After viewing and discovering that most landlords are up to the same tricks you have to have a trick or two up your own sleeve.
If I didn't agree to the joint contract with strangers then I would not have had the room. Landlords are making extraordinary amounts of money as you well know (I suspect you are one yourself). Tenants do have the advantage if they are prepared to move around. People, can of course be forced to honour it, but in reality, chasing tenants with lawyers is more trouble than it is worth. If you know that the landlord is witholding on his obligations, you must in turn meet like with like. |
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Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 4755
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Posted: Tue May 20, 2008 5:29 pm Post subject: Re: Council Tax |
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| nobrand wrote: | When you answer an advertisement for a room you expect a contract for that room for you alone.
If I didn't agree to the joint contract with strangers then I would not have had the room. |
Another approach is not to assume that an offer of a room will be made on an individual basis and to check whether it is a single or joint contract with the landlord or letting agent before viewing if it's important to you.
If you don't agree with the terms of a contract, then don't sign it and look for another room that meets your requirements. |
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cragglemiester
Joined: 28 May 2008 Posts: 13 Location: North London
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Posted: Wed May 28, 2008 3:08 pm Post subject: |
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if you are renting this property out on a roomm by room basis then that means that this property falls under what is known as houses in multiple occupation. He will have to have has an inspection by a the local council to enable him to do this. If he hasnt then there is a breach in the law. Contact your landlord ask to see a copy of the license and if he refuses contact your local council to check. If not report him (they will keep u anonymous) and get an inspection carried out. He will have 2 options. Pay for the licence or negotiate with the tenants a suitable arrangement. Either way you will be better off as they will also inspect as to whether the rent he is charging is fair for the property and its condition.
hope that helps. |
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nobrand
Joined: 17 May 2008 Posts: 7
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Posted: Wed May 28, 2008 9:47 pm Post subject: |
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| What if the landlord is renting on a room by room basis but draws up one single contract for four tenants who are al strangers to each other? |
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kaotix
Joined: 09 Jun 2008 Posts: 1
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Posted: Mon Jun 09, 2008 3:05 pm Post subject: Query |
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Who is responsible for the council tax if there is 3 tenants, who all know each other but are un-related, have all signed the same tenancy agreement which states that the tenant's are responsible for the council tax for the duration of the tenancy.
The property is a 3 bedroom house that has not been converted into individual flats or similar, it is basically a family home. |
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Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 4755
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Posted: Mon Jun 09, 2008 5:02 pm Post subject: Re: Query |
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| kaotix wrote: | Who is responsible for the council tax if there is 3 tenants, who all know each other but are un-related, have all signed the same tenancy agreement which states that the tenant's are responsible for the council tax for the duration of the tenancy.
The property is a 3 bedroom house that has not been converted into individual flats or similar, it is basically a family home. |
You are, as per your AST.
You will normally find a council tax payment hierarchy published on your local council website or give them a call. Typically it goes like this
Who Has to Pay?
The council tax hierarchy works out the person responsible for paying the council tax bill in a property. The first person in the property to fit one of the descriptions listed below will be responsible.
Council tax hierarchy
A freeholder who lives in the property
A leaseholder who lives in the property
A tenant who lives in the property
A person with a licence to live in the property
A person who lives in the property, including squatters
If there is more than one person who fits the same description listed above, both people will be jointly responsible for paying the council tax bill. This also applies to
A married couple
A person you live with as if you are married to them
A civil partner
A person you live with as if you are civil partners
The following council site gives a good overview which indicates that if the tenants hold a joint tenancy agreement and there is a clause in the AST that makes them liable, then it is them, not the owner who must pay.
"For most properties that fall under the HMO definition it is the rental arrangements that determines whether the owner or landlord or tenants are liable for Council Tax.
As a general rule a property will be classed as a HMO with the owner liable, where each tenant has his or her own tenancy agreement and only pays rent for part of the property.
The tenants will be liable where there is only one tenancy agreement, with all the tenants names included for the whole of the property, and all of the rent due."
http://www.sheffield.gov.uk/your-city-council/council-tax/who-pays-council-tax/liability-rules-for-landlords |
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maverickj
Joined: 17 Jun 2008 Posts: 3
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Posted: Tue Jun 17, 2008 4:03 pm Post subject: |
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Ok I have a question.
I've been renting a property for about 9 months now (October-June). I am a graduate now in full time work, however the other two members of the house (who had lived there before me) were students.
We all signed individual contracts, which did state (i need to double check) that if due we are responsible for the council tax.
Now when I moved in the Landlord told me the house was registered as a student house and would not be applicable, however he said if it changed i might have to pay.
Now I've just come to move out and Ive had a letter from the landlord stating the council tax is due and I am responsible for paying £600 (the full amount).
Now I am slightly confused about this for the following reasons:
- Surely I should not have to pay the whole amount for a year as I have not lived there for a year.
- I did not rent the whole house so I should not have to pay for the whole house (which is what the council tax is for).
Does anyone have any ideas of my standing on this issue - do I have any recourse? I dont have a problem with paying the council tax, however I am not happy about paying the whole amount considering I have only rented part of the house (my bedroom and communal shared areas).
Should I pay my Landlord the cash? I've now finished my tenancy and moved to another city - so what happens if I dont pay my landlord?
I'm not saying I wnt to break the rules of my tenancy- I just want to hear the opinion of others who might have more expertise on the subject
Thanks |
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Bluey Community Moderator
Joined: 21 Mar 2006 Posts: 4755
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Posted: Tue Jun 17, 2008 5:46 pm Post subject: |
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Speak to Shelter or Citizens Advice would be your best bet.
I would think the most complex scenario is yours - a HMO with separate tenancy agreements (where normally the landlord would be responsible) with an AST that states residents are responsible (which is possibly enforceable) and where it is a mix of students and workers!
http://www.adviceguide.org.uk/index/life/tax/council_tax.htm
My assumption would be that you would only be responsible for the period in which you actually lived there, as for how it should be divvied up or the responsibility of the landlord, no idea and I doubt there's anyone qualified on this forum to tell you.
Come back to the forum when you've received expert advise as it would be helpful for others. |
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maverickj
Joined: 17 Jun 2008 Posts: 3
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Posted: Tue Jun 17, 2008 6:03 pm Post subject: |
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Thanks for the info - I have found some information on my local council and info regarding HMO you mentioned.
I think it could come down to dispute with me and landlord as technically he is responsible but my contract is only for 1/3 of the house (sharing with two others).
I am seeking legal advice and will post back if i find anything out
Thanks again |
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king_tut

Joined: 28 May 2008 Posts: 453 Location: West London
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Posted: Tue Jun 17, 2008 8:37 pm Post subject: |
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| Man, I have never paid a weeks council tax in my life. F**k 'em, up to them to come to you... |
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maverickj
Joined: 17 Jun 2008 Posts: 3
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Posted: Tue Jun 17, 2008 8:40 pm Post subject: |
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Lol I'd quick like to F**k them to be honest.
My landlord has written to me about it but its up to him to pay it and collect off me - I guess if I dont pay its whether or not he decides to persue it further |
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QuePasa
Joined: 21 Jun 2008 Posts: 2
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Posted: Sat Jun 21, 2008 6:38 pm Post subject: |
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Hello everybody,
I see that lot of us are going through the same problem with landlords.
I used to rent a room in a flat. There were two of us in a room (as we are couple) and we have been sharing flat with 3 other people. All of the rooms have had individual contracts, we also moved in on different days etc.
Contract stated that tenants are responsible to pay council tax.
I have been living there for 6 months only. It took us about 5 months from the day when to move in to sort the council tax out, but only to find out that they cannot provide us with Conuncil Tax bill with all tenants names on it, because we each got individual contracts (contracts for rooms) and in this case landlord stays liable to pay council tax.
On the day when me and my partner were moving out I wasnt sure excately what to do. Landlor said that I must pay £400 due to Council Tax being still unpaid (this suppose to be our part to pay).
I wasnt able to give him the money in cash just like that, I gave him first £100 and next month I pad another £100 on his account. I stopped paying him when I discovered that it is (I think) against the low to ask tenant to pay council tax in the situation when landlord liable for it. I also confirmed with Council Office that for flat I was renting Landlord is responsible for Council Tax.
Unforuntately landlord is still chasing me. I was chased by him on my way to work and I had to report him to the police. As I was scared of his next actions (whatever it may be).
Could someone please tell me what should I do? I have tried to get advice from Citizen Advice Bureau, but there is never no one avaliable on the phone or, there is never free appointment when I go there and they dont give appointments in advance.
I am looking for advice on the legal side of that story because one one side I breached the contract, but on the other side he is a thief as he took from me already £200 knowing that he is liable to pay tax not me.
What would be your opinion about this subject?
I just want to say that I would pay Council Tax, because I always pay my bills, but why should I pay someone elses bills?
I would appreciate your opinion. |
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QuePasa
Joined: 21 Jun 2008 Posts: 2
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Posted: Sat Jun 21, 2008 6:40 pm Post subject: |
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Hello everybody,
I see that lot of us are going through the same problem with landlords.
I used to rent a room in a flat. There were two of us in a room (as we are couple) and we have been sharing flat with 3 other people. All of the rooms have had individual contracts, we also moved in on different days etc.
Contract stated that tenants are responsible to pay council tax.
I have been living there for 6 months only. It took us about 5 months from the day when to move in to sort the council tax out, but only to find out that they cannot provide us with Conuncil Tax bill with all tenants names on it, because we each got individual contracts (contracts for rooms) and in this case landlord stays liable to pay council tax.
On the day when me and my partner were moving out I wasnt sure excately what to do. Landlor said that I must pay £400 due to Council Tax being still unpaid (this suppose to be our part to pay).
I wasnt able to give him the money in cash just like that, I gave him first £100 and next month I pad another £100 on his account. I stopped paying him when I discovered that it is (I think) against the low to ask tenant to pay council tax in the situation when landlord liable for it. I also confirmed with Council Office that for flat I was renting Landlord is responsible for Council Tax.
Unforuntately landlord is still chasing me. I was chased by him on my way to work and I had to report him to the police. As I was scared of his next actions (whatever it may be).
Could someone please tell me what should I do? I have tried to get advice from Citizen Advice Bureau, but there is never no one avaliable on the phone or, there is never free appointment when I go there and they dont give appointments in advance.
I am looking for advice on the legal side of that story because one one side I breached the contract, but on the other side he is a thief as he took from me already £200 knowing that he is liable to pay tax not me.
What would be your opinion about this subject?
I just want to say that I would pay Council Tax, because I always pay my bills, but why should I pay someone elses bills?
I would appreciate your opinion. |
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