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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.

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