Council Tax

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    Council Tax

    I am listed on the contract of a property which i rent along with a colleague whos name also appears on the contract. From January - April we were both registered with the council as living in the property and so both paid equal amounts of council tax, however, in April i moved out of the flat and so informed the council that i was no longer living there. It is for this reason that my colleague now receives a 25% discount on the council tax. Am i still liable to pay council tax even though i am not registered as living there with the council but am still listed on the letting contract for rent purposes?

    #2
    Did you receive an individual bill from the Council or was the sharing of the Council Tax just an agreement between yourself and the other tenant?

    If part of the Council Tax was unpaid during the period of your occupation then, if you were listed by the Council at that time as being responsible for payment of Council Tax, you might be liable for arrrears.

    Worth a letter to the Council stating the date that you left the property and seeking confirmation that the Council Tax was up to date at that time and that the Council no longer regard you responsible for arrears or future payments of Council Tax from the property concerned.

    What were the terms of your occupation of the property ? Perhaps you would post details of the agreement and it's duration here. If there was a joint tenancy with the landlord or a formal subletting agreement with the principal tenant you could be liable for rental arrears or damages to the property until the contract is properly ended.

    Did you give proper notice to the landlord or principal tenant of your intention to leave the property and provide them with a forwarding address?
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      The contract states as follows:

      1.3 To arrange for water, gas, electric, council tax, telephone and any
      subscriptions' of applicable, to be placed into the names of the Tenants listed
      on page 2 of this contract. (I AM LISTED ON PAGE 2 ALONG WITH MY COLLEAGUE)

      1.3.1 To pay all standing charges for these utilities and services and to
      ensure no disconnection can occur through none payment of all utilities and
      services. Tenants are responsible for any reconnection charges should this
      occur.

      1.3.3 To indemnify the Landlord against all Council Tax liability during the
      period of the Tenancy

      As mentioned above i am listed on page 2 of the contract along with my coleague but i am not now listed on the council tax as i do not live there and so the council were informed of that so he receives a 25% discount.

      My question is if i am on the letting contract does that mean i am still bound to pay council tax even though i am not now registered with the council for council tax purposes.

      Comment


        #4
        You pay council tax on where you live.

        If you have left the property you lived in:
        - either you agreed with your landlord that you could leave early (depends on the dates on your contract)and you have no more responsibilities on this property
        - or your contract was a periodic one and you served a 1 month notice to leave which ended your (and colleague) contract with the landlord and again you have no responsibilities anymore
        - or you left the property early without notice and you are still responsible for the rent along with your colleague.

        However I don't think this affects the council tax. Phone your council to check, they'll be the best people to give you an answer.

        Comment


          #5
          The contract was a 12 month contract running from January 2006 - January 2007. I moved out of the property in April and still pay rent as i am listed on the conract and liable to pay rent, however, i informed the council i was not living there anymore and the necessary documentation was completed. Accordign to the council i am not registered there anymore for council tax purposes and so am not liable to pay council tax but the contract states that the persons on the contract are liable for all utility bills and council tax and because the contract does not end until January 2007 i was not sure whether ot not i still needed to pay it.

          I am arranging to talk with the landlord about this as he seems under the same impression that i should not pay council tax if not living there and not registered as living there with the council.

          Comment


            #6
            The two issues are getting muddled .. they are quite separate issues.

            Whether you have a statutory legal obligation to pay CT to the Local Authority has already been clarified by the Local Authority taking you off their records at this address.

            The other question is whether you can be held contractually liable by your LL if your colleague doesn't pay the CT (now in his sole name) for some reason for the remainder of the tenancy.

            If your colleague is paying the full Council Tax less his statutory single persons discount entitlement, as shown on the Council Tax demand, then why would you feel that you should pay them double what they are asking for?

            As far as the Council are concerned you are not living there and therefore have no legal liability to pay council tax there anymore. They are already getiing their money from your colleague.

            Your colleague would have had to apply for the single person's allowance and thus has admitted liabilty for CT as demanded by the council.

            However, the contract you refer to (AST) is between you ad the LL and if, for example, your colleague failed to pay the CT, your LL may be in a position to seek redress from you (others on here may want to clarify whether he can or can't) and if this is the case I personally would be asking the LL for a letter exonerating you from further liability in respect of the Council Tax.



            Originally posted by g_conaty
            The contract was a 12 month contract running from January 2006 - January 2007. I moved out of the property in April and still pay rent as i am listed on the conract and liable to pay rent, however, i informed the council i was not living there anymore and the necessary documentation was completed. Accordign to the council i am not registered there anymore for council tax purposes and so am not liable to pay council tax but the contract states that the persons on the contract are liable for all utility bills and council tax and because the contract does not end until January 2007 i was not sure whether ot not i still needed to pay it.

            I am arranging to talk with the landlord about this as he seems under the same impression that i should not pay council tax if not living there and not registered as living there with the council.
            Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

            Comment

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