Rent includes council tax, but it doesnt!

[sensible]

Right then...

T signs an AST with council tax included as part of rent. AST clearly states that too.

Year and a half later T leaves. All good.

L did not pay council tax at all during this period so council decide to somehow magically deduct council tax arrears from Ts wages.

This decision has been queried with council who have copy of AST, acknowledge that AST states rent includes council tax but state it is a private matter between L & T, as T was living there she is liable. End of :(.

I advise T to speak to CAB.

Surely this cannot be right.

Can it?

[Springfields]

I would imagine that the council have already taken the tenant to court (or heard the case with TT not present).

If the tenant is paying the Landlords debt then I would imagine that TT would have to apply to small claims court to recover the amount by the LL and settle with the council.

[sensible]

Thank you.... i thought the same too.

Contract between L & T

Term in contract uncludes something along the lines of 'council tax included in rent'

L does not pay so is in breach of contract

T should take him to small claims

[Springfields]

Thank you.... i thought the same too.

Contract between L & T

Term in contract uncludes something along the lines of 'council tax included in rent'

L does not pay so is in breach of contract

T should take him to small claims

Yes, I think that the tenant should also check their credit report to see if a CCJ is registered against their name. I've never had to look into this situation fully but I think they have to apply for the judgement to be 'set aside'

[dominic]

Yes, there are two issues here:

a. who is liable to pay the council, as between the council and that person; and

b. a potential breach of a private agreement between T and LL as to shifting the burden of that responsibility from one to the other.

The council need not concern itself with b, only a.

[sretosf]

Council don't go through the County Court to get judgement for Council Tax - they get a Liability Order from the Magistrates Court.

Not sure if this appears on your credit file, but I do know they can ultimately send you to prison for non-payment.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013198

[dominic]

Yes one of few examples left of going to prison for non-payment of a debt....

who said that Victorian practice was abolished...?

[sretosf]

and if you read the back of your council tax bill you will see that you are exempt council tax whilst in prison if say you murder someone, but not if you're there for non payment of council tax!

[roryl]

So, best practice for any council tax martyrs would be to refuse to pay council tax and brutally murder someone?

[redline]

Hello everyone
First of all i'd like to recognize the work you are doing.
I'M a tenant and i'M in the same situation, my contract states that the c. Tax is included
but now l'm in the real problem.
I moved in Aug/2009 and i pay 1000 pounds p.c.m. for a 1 bedroom flat with all bills included, there are more 4 flat in this property.
Because i live on the ground floor,5 months ago someone from the council office asked me if i could open the door and i did, of course,i just opened because she showed me the badge, then she explain the reason why she wants to see the house,the house is registered as one number only and not 5 differents numbers,thats why c.tax is included, then she asked me when i did move in and i showed the contract and she said not to worry.
The problem is 3 weeks later i had the c. Tax bill already in my name and 2000 pounds to pay, from aug/2009 to mar/2011. I called the landlord and he says to to worry, he's gonna pay the bill, but few weeks later i got the last warning to pay it and i sent a email saying that i'm gonna pay it and k will take the money from the rent, the landlord replyed by mail uswell saying not to pay it, so i just ignore the letters from the council.
In August i went 3 weeks on holiday and when i got home i had this letter to attend court for unpayed council tax, so the day arrived and i took the contract and the emails he sent to me and i showed to the guy responsible for the case, he said straitway that because i was the tenant i had to pay it and in full, i asked for more time and the case was adjourney for next week, my question is simple, can i sue my landlord for all the stress this is causing amd who can help me with the claim? Forget CAB, they dont take c. Tax claims, aparently...
Thank you very much for your time and hope u can show me the right way to deal with this matter.

[islandgirl]

You should certainly go along and see the duty solicitor (free of charge). I would ask the Mags to consider "no case to answer" due to the fact that your contract says you are not liable to pay (if it does, totally clearly). Your mistake has been not to challenge as soon as the bill arrived in writing. I doubt you can sue for stress (well you could but it would be hard to win)

[redline]

You should certainly go along and see the duty solicitor (free of charge). I would ask the Mags to consider "no case to answer" due to the fact that your contract says you are not liable to pay (if it does, totally clearly). Your mistake has been not to challenge as soon as the bill arrived in writing. I doubt you can sue for stress (well you could but it would be hard to win)

Hi again, thanks for the answer, i think i know what to do.
Im gonna stop paying the rent and i will leave with a court, im not gonna pay it, and then i will wait for him to kick me out, i dont like the flat anyway, the central heating doesn't work sence i moved in, i did complain straightway and he sent someone to fix the problem but to sort that out they have to lift the floor, that sounds expensive, of course is not gonna do it.
Its sad when we can thrust nobody, what can we do with landlords like mine?

[jeffrey]

we can thrust nobody; oo, er , missus.