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nask70
31-10-2005, 16:00 PM
undefinedcouncil tax!!!strange question at present i rent my flat to a decent tenant--and before she signed the agreement she asked me about council tax--i then responed that she had to go to the council to register herself to pay the council tax. anyway four weekas went by and she still didn`t register herself for council tax. i then got a letter from the L.A stating that i have to pay empty property rates, but i did explain to the council that at that period i had a tenant--now the person i spoke to said that it is the landlord LEGAL duty to inform the council when a tenant moves into the flat--is this really true--is it real the landlords problem or is it the tenants job? also as lanlords do we have a legal duty to grass up on tenants who don`t pay council tax? thanks :confused:

Ericthelobster
31-10-2005, 16:38 PM
If you really don't want to 'grass up' your tenant despite the fact that by not doing so you could end up paying her council tax, I'd just tell the council that 'somebody new' has moved in and you're no longer responsible as of date X, and let them send out "To the Occupier" letters to the tenant. That's what would happen if she'd bought the place off you, no different.

Somebody will probably quote the Data Protection Act and say 'Noooo!' but frankly I really can't see what the problem is with you just giving her name and the moving-in date to the council. Job done, end of problem.

P.Pilcher
31-10-2005, 17:14 PM
I discovered years ago that councils ignore telephone calls - unless the information contained therin is to their advantage. Telephoning them with new tenant details is not to their advantage because this means extra work typing names and addresses into the computer.

When this happened, I received a summons from the council concerned due to unpaid council tax - it apparently was not their policy to send out reminders or final demands. As you can imagine, my telephone line got considerably warm! Anyway, they assured me that they would withdraw their threatened action on receipt of a copy of the AST I had signed with my tenant which I had notified them about, by telephone, two months previously.

Experience has shown me that utility companies fail to respond adequately to letters, and councils seem unable to respond to telephone calls!

P.P.

MrWoof
31-10-2005, 18:20 PM
I discovered years ago that councils ignore telephone calls - unless the information contained therin is to their advantage...........

Experience has shown me that utility companies fail to respond adequately to letters, and councils seem unable to respond to telephone calls!

P.P.Thats a lesson everybody should learn, it applies everywhere but local authorities are the worst, I learned it the hard way too.

I looked up this thread because there is apparently a proposal in front of the gravy train, sorry, government, now, to make landlords responsible for tenant's council tax.:eek: .

P.Pilcher
31-10-2005, 20:59 PM
Here we go again! Harold Wilson did not like evil (all of us) landlords - like Rachman, so he passed legislation which caused the availability of private rented housing to dry up completely. Maggie Thatcher and John Major restored the situation, but their legislation still gave unscrupulous tenants the upper hand as we know. Well, our Tone manged to leave it alone for two parliaments didn't he, but I've just read that his new HMO legislation is making landlords think twice about continuing in this market, and above we read how the screw is slowly being turned a further notch on us private landlords again.
At least Peter Rachmann made a fortune before Harold managed to stop him. I'm just too soft!"

P.P.

RichieP
31-10-2005, 21:39 PM
there is apparently a proposal in front of the gravy train, sorry, government, now, to make landlords responsible for tenant's council tax.

Am I being naive in asking why is that a problem?

Surely you just increase the rent to pay for it.

Ericthelobster
01-11-2005, 10:16 AM
Am I being naive in asking why is that a problem?

Surely you just increase the rent to pay for it.I was thinking the same thing myself; but I suppose the issue would be when you have a defaulting tenant; the LL would still be having to pay council tax even though he's not being reimbursed by the tenant, and would therefore have more to lose... as things stand at present, the council would be chasing up the tenant separately.

Seems to me like it makes perfect sense for the government to action that, much as I don't want it.

Jennifer_M
01-11-2005, 10:46 AM
I was thinking the same thing myself; but I suppose the issue would be when you have a defaulting tenant; the LL would still be having to pay council tax even though he's not being reimbursed by the tenant, and would therefore have more to lose... as things stand at present, the council would be chasing up the tenant separately.

Seems to me like it makes perfect sense for the government to action that, much as I don't want it.

Does that mean we'll be paying less council tax because
1. it's less likely the council would be losing money because a LL would pay up and make a loss if the tenant doesn't pay
2. the council won't need as many debt recovery people so will save on wages ?

Yeah, right...

P.Pilcher
03-11-2005, 11:38 AM
Yes - but the point is that at present, under the circumstances you mention, the landlord is not liable for the council tax at all. What 2 Jags is proposing is that if the tenant fails to pay the council tax he has agreed to for any reason, the local authority can make the landlord liable.

P.P.

justaboutsane
03-11-2005, 12:48 PM
How the hell can a landlord be made responsible for a tenants council tax??

As has been mentioned above, this just gives bad tenants more free reign to rip off landlords... If a tenant is refusing to pay rent at least the landlord is only losing money on the mortgage.. but if CT is included the landlord will then make an even bigger loss.

It does not make sense. This will reduce private housing stock as more and more private landlords sell up and get out meaning there will be even bigger lists for social housing and the councils will be over run.... It does not make sense for the government to reduce the private housing stock.... that just costs them money in the long run.


Ok I will get off my soap box now! Rant over.

S J
03-11-2005, 14:18 PM
Most properly drafted tenancy agreements will apportion liability for things like Council Tax. If not then you may fall back on the relevant legislation for Council Tax which refers to liability being attributable to the 'occupier', in most cases.

MrShed
03-11-2005, 14:20 PM
SJ....this being the point, we are talking about a possible change in legislation to make landlords responsible. It is hypothetical.

MrWoof
03-11-2005, 17:00 PM
The object behind the legislation is twofold, one, to get more council tax by making the house owner fully liable and two, we landlords are rich aren't we. We must be, we own more than one house, so we can afford to pay up while everyone on benefits gets theirs waived. Also, we are easier to chase, I think the uncollected CT last year was £59million. Gordon Brown doesn't care where the money comes from as long as he gets it and Blair & Co don't care about the future, so what if rental accommodation dries up again, they will be long gone by the time that shows up.

No, this isn't a political rant, I don't trust any of them, I'm just getting p****d off with the hassle and seriously thinking of copying a number of friends and selling up.

S J
03-11-2005, 20:21 PM
Until the proposed wording of the legislation is considered then its a bit early to jump to conclusions. There are likely to be exceptions. However, I am sure that prudent landlords will address this situation in their agreements.