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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I Have been renting a flat for almost 3 years now and my paperwork

Customer Question

I Have been renting a flat for almost 3 years now and my paperwork has not been done because of my landlords malpractice, the agency i made the agreement with has gone bankrupt, we paid for the paperwork like gas electricity and council tax to get sorted on our name, but no one did anything, i had to sort out electricity and gas bills on my name my-self, but forgot about council tax, so just recently my landlord came back from 2 years of being somewhere and i gave her letters that were on her name, she rang me back shortly after i gave her letters, she was saying that i wasn't paying council tax for more than 2 years, in addition our tenancy agreement has finished about 7 moths ago, but i am still living in her flat and paying rent like it was written on our tenancy agreement since nobody has a problem with that, to cut long story short, since no one paid council tax for over 2 years who is responsible for that, its about 3000 thousand pounds and a bail, do i have to pay it now? or is it a landlords fault for leaving all the necessary paperwork on my shoulders? i said if u get this bill on my name i will pay it off ,but as i understood from the call i made today she unsuccessfully tried transfer the bill to me, and i left the position that i will pay for it if u will get it on my name. what would be your advice ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Were you responsible for council tax in your older tenancy agreement please?
Customer:

the tenancy agreement does not say anything about the council tax in particular, its just says that the rent i have to pay is excl the bills on top

Alex Watts : I assume the council tax was in the landlords name?
Customer:

yes it was she had to change it on my name before leaving uk or make an agency do it for her if she couldn't as i think

Alex Watts : But that was never done?
Customer:

exactly you are absolutely right

Alex Watts : ok. The fact your tenancy has ended does not matter.
Alex Watts : It does onto what is called a periodic tenancy, that is a monthly rolling contract.
Alex Watts : As for the council tax it's both of your fault.
Alex Watts : The landlord should have changed it and sadly you should have also called the council to change it.
Alex Watts : So you are both to blame,
Alex Watts : Normally council tax is payable by the occupier
Alex Watts : Therefore that would be you, unless its a house of multiple occupation in which case the landlord would be liable.
Alex Watts : So sadly you are liable but you are both to blame.
Alex Watts : However if the bill is in the landlords name, you don't have to pay for it unless it is transferred to uou
Alex Watts : you
Alex Watts : So if the landlord can't get it try transferred then the landlord is liable.
Alex Watts : If the landlord does get it transferred then you are liable.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

1 quick question

Alex Watts : Of course.
Customer:

tenancy agreement expired for 7 moths right, and if she takes the agreement to prove that i was living there for 2 years and those 7 months and gets the council tax transferred on my name will i pay for it as agreement says for 2 years and 7 months or landlord get to pay 7 months aswell? i think barnet should take into consideration the fact that tenancy agreement has not been extended and has expired to get me on full payable bill there should be an extension of tenancy.

Customer:

will i get to pay for 2 years just like my tenancy agreement and landlord gets to pay 7 moths where tenancy agreement has not been extended?

Alex Watts : You are only liable for the period of occupation - nothing else.
Alex Watts : Does that help?
Customer:

kind of

Alex Watts : Ok. Is there anything else I can clarify for you about this or you wish to ask me?
Customer:

that would be all

Alex Watts : Ok. As I said if the landlord can't transfer it you are not liable.
Alex Watts : But if this answers your question might I invite you to rate my answer, remembering you are rating the service I have given you today.
Alex Watts : i want to make sure I have answered your question fully today
Customer:

thank you for your time

Alex Watts : You have rated poor service?
Alex Watts : what else would you like to know?
Alex Watts : please remember you are rating my service to you today, not whether or not it was the answer you wanted.
Customer:

why I've rated as a poor service because I already knew what all that what u said, i thought you could give me more insight answer, rather just say that if it is on my name I am liable to pay, if its on landlords name she is, I knew that, I wanted to knew what she could do to me to turn this on me and what could I do from my point of view to receive minimal damage or no damage at all. thats all, do not take it personally you give good advice, it just wasn't what I expected, I needed abit more broad answer than that.

Alex Watts :

Sadly I can not give you beyond what the legal answer is

Alex Watts :

Might I invite you to re-consider the rating, as it is more aimed at my service towards you?

Alex Watts :

I only ask as this is how the site credits me for my time and my standing

Alex Watts :

Thanks in advance

Customer:

sadly I can not pay for something that I did not get. therefore Ihad to rate you that way.

Alex Watts : Good luck. Bye

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