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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11447
Experience:  I have been practising for 30 years.
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Mr/Mrs I been living on one adress for 4 years with the

Customer Question

Hello Mr/Mrs
I been living on one adress for 4 years with the letting agency.In my yenancy agreement was highlighted all my bills are included with council tax.I moved out from the address and i the council sent me a leter about missing council tax payments.All together 6000 ponds.I showed my contract and they said they dont care and i have to pay.I cant afford to pay that much money.I already payed to the agency.Im not the first who had this problem with this letting agency.What i can do please?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Hello - have you spoken to the agency about this matter?

if yes what was there reply?

Customer: replied 6 months ago.
They ignoring me.There is another 12 people with this problem with this agency and the council knew about that.Ive been in citizen advice and they was asking for the payments as well but end if the day the ignored them as well.CAB adviced me to do the debt relieve order but i dont wanna do it because i already payed for it and it was their responsibiloty to pay which is in my tenancy contract.They driving the newest luxury cars and i have to pay for it?...
Customer: replied 6 months ago.
I cant believe there is no judgment for this type of fraud in this country...
Expert:  F E Smith replied 6 months ago.

There is a strict hierarchy about who is responsible for paying council tax. I’m sorry to tell you that in the list, that comes down to you. Here is the list from one particular local authority but the rules everywhere are the same:

https://www.preston.gov.uk/yourservices/council-tax/paying-your-council-tax/responsible-paying-council-tax-property/

the issue is therefore between you and the landlord and/or the agent who is in breach of contract and the terms of the tenancy agreement and you need to issue small claims court proceedings against them to recover whatever money you have at to pay, which they have paid.

What is in writing and tell them that unless they refund you this money no later than 4 PM on Friday, 15 June, you will issue Small Claims Court proceedings without further notice.

The same applies to the other tenants and the more of you do this, the better.

You can easily issue Small Claims Court proceedings here www.moneyclaim.gov.uk

to be honest, I wouldn’t be wasting time on copious correspondence. One letter and if they don’t pay, Small Claims Court

Can I clarifying anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 6 months ago.
thays the only option what ive got to send them to the small court?And what if they gonna ignore it?Can i lose this case please?Roughly how much i have to pay to take them to the court?
Expert:  F E Smith replied 6 months ago.

Court fees are here: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

Pages 5-7.

Even if you lose, and even if the landlord had solicitors, he’s only going to get legal costs of a maximum of about £100.

If the tenancy agreement is quite clear that he is responsible for the payment of Council Tax, I cannot see how your claim can fail but stranger things have happened. Litigation outcome is never guaranteed.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES