Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Subletting issues - council tax and deposit

28 replies

JollyGiraffe · 03/01/2018 12:39

I am currently legally subletting a room in a flat with the permission of the landlord. I have met the landlord, and so from this perspective all is above board.

When I moved in, it was agreed between myself and the current tenant that we would go by the terms of her contract with the landlord. I paid her a deposit, which she said (by email and by text) that she would put in a deposit protection scheme.

The next point will probably be important: from what I can remember, I did not sign anything formal or give any agreement to a contract in writing, that I can remember. I am going to ask her for a copy and see what she says. I don't have a copy myself.

In the year and a half that she has lived here, she has been claiming single occupant council tax, therefore committing fraud. The council contacted her before Christmas, asking whether I am living at the address (I am on the electoral register) and she is now saying that I should pay her the balance that 'we' owe from the time I started living here (about £300 each). Bills were agreed by email based on the amount of council tax she originally told me, which I have been paying.

I have now decided to move out (she has been quite nasty to me and I no longer want to live here).

What I want to know is:

  1. As she was the one that committed council tax fraud, am I liable for that payment?
  2. Can she withhold my deposit if I refuse to pay the extra council tax?
  3. If my deposit has not been put into a DPS as she agreed, what can I do to get it back if she will not return it?

Thanks in advance!

OP posts:
19lottie82 · 06/01/2018 17:22

Ask her outright to return your deposit within 7 days.

If she doesn’t send her a letter before action including your evidence (screen shot of email confirming that your rent includes bills) and a note of what additional costs she will be liable for if she loses the case in the small claims / ignores you.

As explained there are plenty of templates online.

19lottie82 · 06/01/2018 17:23

Ignore the council tax issue for now and just focus on getting your deposit back.

FlippingFoal · 06/01/2018 17:34

What you will get back will depend on whether you are classed as a lodger or a tenant. If you are classed as a tenant you can get back 150% of your deposit through the small claims court if she hasn't protected it.

New posts on this thread. Refresh page