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Sam
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Category: Tax
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Good morning Sir/Madam! Firstly I do apologise about my English

Resolved Question:

Good morning Sir/Madam!
Firstly I do apologise about my English but I'm hungarien but I hope you can understand me.
This house we laeve was reconstructid early of this year.
Originaly it was a 3-4 bedroom house but our landlord made 5 small flat inside to let them out.
So,at the moment there are 5 tenanst in the house leaving 5 separate small flat and I think we should pay 5 differend council tax separately too.(sorry if Im wrong Im not a solisitor)
The problem is,when we moved in the landlord's agency said we do not need to pay council tax it is inclusive in the rent so the landlord will pay.
But I think this landlord does not want to pay 5 differend tax separatly he wants just pay one council tax from the all house what he paid earlier.What is obviously much less than 5 separate tax from 5 small flat.
I have my own council tax bill got from council about 3 month ago when we announced our moving here from our previous address.But I also let the council know at that time the landlord is the responsible person to pay the tax but they sent the bill to us on our name.???
Since that time I did not paid my tax,because I mean this is the landlord's responsibility according to tenancy aggreement.But many time I ask them to sort it out for me bacause I just carry on my outstanding tax from month to month, nothing has happend so far.
So,what can I do now to force this landlord to put the things ready???
Shall I pay my council tax and the still outstanding tax for the council in all next month and cut it down from monthly rent? Can the landlord do something against me in that case?
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.
Hi
Thanks for your question
You are right usually you should have your own council tax bill as these are flats
But do you have
1) Your own private doorway to the flat with a key
2) own bathroom kitchen and bathroom? and
3)Does your rental contract with the landlord say that council tax is included in the rent payment?
Thanks
Sam
Customer: replied 2 years ago.

Hi,Sam!

Thanks for your answer but unfortunately it did not help me too much because i still did not know what shell I do now?

Now it is obviously that this dodgy landlord does not want to pay council tax from all the 5 separate flat.That's why he does not do anything to sort out my trouble because he knows he would be in trouble if the council would know there are 5 separate flat in the house what are let out.

So,if I pay my own council tax bill from next month and also pay the outstanding 3 month bills as well and cut it down from my next month rent can he do something against me (exmp.kick me out of here?)

Expert:  Sam replied 2 years ago.
Hi
I am trying to obtain more information from you so I can advise you what to do!
That's why I sent you an information request as I am asking you for more information.
I asked
1) Your own private doorway to the flat with a key
2) own bathroom kitchen and bathroom? and
3)Does your rental contract with the landlord say that council tax is included in the rent payment?
Thanks
Sam
Customer: replied 2 years ago.

Dear *****!

So yes,it is a two floor house.There are two flat on the ground floor,two on the first floor and ours on the second floor.

All of us have separate key to our flat,and all the flats comes with kitchen and buthroom too.3 of them are studio flats,ours and the other two are 1 bedroom flats.

I just read over the tenancy agreement and unfortunately there is nothing mentioned that the council tax is inclusive they just told us when we moved in and also it was told to the other 4 tenants too.The electricity is not inclusive because it is working with those top up cards so we need to top up the meters separately in every single flat.But we do not pay for nothing else like water,gas,council tax,they said is inclusive!

So I mean that's why we do it because the water the gas meter are on the landlord's name so they are not separated on each flat he can pay them.But he wants to save the council tax cost,by did not informed the council that the house is not one big house anymore there are already 5 separate flats made inside the house.Because if it would be just one house like before he should pay only one council tax but how it is made now he should pay 5 differend council tax because there are 5 flat made in the house.I just suspect it....

But anyway I wrote a mail for his agency today that if he does not sort it out in the next two weeks from August I pay my council tax separately and I cut it down from the monthly rent.Can I do it like this?Is it legal?

But there is an other question.If the council was not informed about these 5 separate flats made in the house how could they estimate how much I need to pay for this flat?!

This house is so mysterious.

Expert:  Sam replied 2 years ago.
Hi
Then you each have council tax to pay - only those that share facilities like bathrooms and kitchens have one council tax bill for the whole property.
So you should pay the council tax as this is right.
This explains the law for you
https://www.gov.uk/government/publications/council-tax-banding-of-houses-in-multi-occupation
And this explains it in a more simple way
http://www.landlords.org.uk/news-campaigns/news/council-tax
You cannot cut down your rent until the agency agree to it, but I would provide the agency copies of the information from the above links AND also ask the local council to help you out with this by contacting the agency for you. But if you cut your rent down without permission you are at risk of losing this property.
The water and gas and insurance should be charged annually or monthly as additional charges (worked out on the actual costs) and the landlord should ideally have arranged each flat/studio to have its own gas and electricity bills but its not wrong that this is not the case.
Make sure the council know you are one flat in the bigger house or they may end up charging you for the WHOLE house which also would be wrong but the landlord I suspect should have registered each flat as a legal separate dwelling with the land registry (I can advise the tax position for council tax abut am not a lawyer so can only advise what I think with the legal position on other bills and land registry)
Let me know if I can help further
Thanks
Sam
Customer: replied 2 years ago.

Hi Sam!

So,you said if I cut down the council tax from the monthly rent I have a risk to lose the property.

But if I ask help from council by letting them know what is the situation in this house I also can lose the flat because this is the thing what the landlord wants to avoid and keep secret and will be very angry with me and kick me out of here....so same result.

So,at the moment I have 3 option.

-Cut down the council tax but take a risk to lose the flat.

-Ask help from council by report the case what means to take a risk to lose the flat because of the landlord will be angry with me.

-Do not do anything pay my full rent to the landlord cary on my outstanding council tax and wait for council will make sanctions against me.

So,this is what a person like me can do if I want to leave an honest life and meet my obligations?

It is not a lovely future Sam!

I did not get cleverer what I was when we started the conversation but at least I know I'm not guilty.But if I pay the tax the landlord will kick us out of here if I do not pay the tax the council will kick my ass.

Thank you very much for advises and all the best!

Regards,

Gyorgy Vinglman

Expert:  Sam replied 2 years ago.
HI
Im suggesting that if you decide to pay a lesser rent without the agreement of the landlord or managing agent that you may be at risk of losing the property - but I also advised I was not a lawyer - so you seek legal advise on that side of things.
I understand that this creates a problem for you - but the landlord will not know you are paying council tax unless
1) You ask the council to sort matters out for you with the landlord OR
2) You pay less than the current agreed rent.
Lets be honest your rent if it did NOT include the council tax would probably only reduce by £30-£50 a month - (as you are paying a share of the property being treated as one whole property/amount of tenants so you have nothing to lose
I was just giving your options and I am a tax expert not a legal property expert
Let me know if I can assist furtehr, but please do rate the level of service I ahve provided about the council tax only
Thanks
Sam
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