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Original poster

Landlord overcharging

33 replies

lilypoppet · 10/12/2016 04:14

Hi a month ago I posted a thread about my landlord insisting I pay my community charge direct to him rather than the council and every was kind enough to advise. Well I've been giving him £140 a month for it and it has been a struggle. So I checked the council website and discovered I am in price band c and the charge is actually £89 a month. I think what has happened is the previous tenant built up arrears which he's had added to the total because she was paying him direct as well and he has got me paying that amount. I'm shocked and don't know what to do. He has been asking for £300 which is what he claims I owe and just before Christmas as well
I was just going to put it on my credit card when I checked with the council website. Any ideas what I should do?

OP posts:
Alorsmum · 10/12/2016 06:32

This reply has been deleted

Message withdrawn at poster's request.

Original poster
lilypoppet · 10/12/2016 06:43

Yes we are going to text him to find out what's going on.

OP posts:
PoldarksBreeches · 10/12/2016 06:57

Why aren't you on the council tax yourself anyway? That's very weird

Original poster
lilypoppet · 10/12/2016 07:55

We have registered as living here but he insisted that we pay him rather than the council. I was unhappy about it before hence my original post. He's now been ringing us saying we have to pay him £146 a month because that's what he pays the council and he showed me some sort of bill. But when I checked the council website the amount for band c is nowhere near that amount
I think he's having to pay the arrears if the previous tenant and he's trying to get us to pay that amount. I am going to confront him about it but I need to get my facts straight first about what we really should be paying.

OP posts:
PancakesAndMapleSyrup · 10/12/2016 08:13

Stop paying him that money. Contact the council yourself and arrange to pay them directly. If he tries a section 21 after this then you can state what has happened as afaik its much more difficult now to get rid of a tenant? Speak to shelter for advice too. Have you been paying cash or do you have proof that you have paid him and what for?

cantpickusername · 10/12/2016 08:25

Is the council tax bill in your name? It should be and you should be paying it directly.

If the previous tenant didn't pay their council tax the council will chase them, and not your landlord.

Original poster
lilypoppet · 10/12/2016 08:39

The council bill is in his wife's name a d it was the same for the previous tenant.

OP posts:
PancakesAndMapleSyrup · 10/12/2016 08:46

No no nonono. Get it changed and make sure you are on the electoral register too. Sounds dodgy to me.

PoldarksBreeches · 10/12/2016 08:49

Your landlord is pulling a fast one. Of course all household bills should be in the name of the householder (you) There is no above board reason why it should be in his wife's name.

userformallyknownasuser1475360 · 10/12/2016 08:52

Sounds to me that your landlord is trying to rent this house out, but say family is living there, the reason could be he is trying to avoid paying income tax on his property rental income.

Check the following, which tenancy deposit scheme is your deposit secured in, as well as has you ll registered as a landlord?

I would get the charge changed to my name, work out the overpayment to ll and demand the money back, with the statutory 8% interest.

PaperdollCartoon · 10/12/2016 08:56

Council tax should be in the name of the person living in the house and paid directly. He is deceiving you. Ring the council first to check you are right about the bracket. If so ask him why he asking you for more than the council tax is, and you will be paying the council directly yourself from now on.

Although if it is in his wife's name, if you refuse to pay it she is liable not you.

PaperdollCartoon · 10/12/2016 08:57

Even if the previous tennant did get arrears, council tax is connected to a person not the house, so he wouldn't be having to pay it anyway.

Bluntness100 · 10/12/2016 09:12

im not sure on the person not the house comment in terms of renting. We've rented out properties and in the rental agreement we say the tenant has to pay the bill, but we did have one who didn't once, a doctor as well sigh, and we ended up having to pay as the council came after us. We did have a long protracted discussion with them and it eventually came down to we owned it so we had to pay it. So it's not so clear cut I think. I think there is a possibility he is paying and it depends on the rental agreement,

Original poster
lilypoppet · 10/12/2016 09:40

Thanks I've never paid a deposit. Im going to contact the council on Monday.

OP posts:
EnormousTiger · 10/12/2016 09:59

Yes. Most tenants are required by the tenancy agreement to move the council tax into their name when they move in and are requried by the tenancy agreement to pay the council tax.

Read your tenancy agreement and perhaps paste on here exactly what it says about council tax as that is you "contract" and legal obligation to the landlord. Eg although it's common most tenants pay gas/elec direct to the utility providers sometimes the tenancy is different and says you pay some global sum for rent and heating and then of course that is what prevails - what is in the tenancy agreement.

It seems very unlikely your tenancy agreement however says that you have to pay a previous tenant's council tax arrears.

Leopard12 · 10/12/2016 10:30

Why haven't you paid a deposit? Is this a proper tenancy agreement?

Original poster
lilypoppet · 10/12/2016 11:11

He just said he never bothered with deposit s it was just pay the monthly rent. I asked for a tenancy agreement after I'd been there two months and he came up with this w h smith's one. He said it was easier if I paid council tax to him as it was in his wife's name. When my husband asked him why can't we just pay the council properly he said he was getting a bit of a discount by paying it over a year as the previous tenant had built up arrears.

OP posts:
PaperdollCartoon · 10/12/2016 15:35

This is dodgy. No deposit, no proper tenancy agreement, you're in a very risky position here. He could evict you easily on a whim. Call the council ask them about thre council tax. It should be in your name with you paying directly.

Original poster
lilypoppet · 10/12/2016 15:51

I agree. I strongly suspect he's got me paying the amount with arrears addef

OP posts:
tribpot · 10/12/2016 16:02

Sounds to me like he's claiming a single person discount on the property as well, if the Council believe his wife is the one living there. Completely dodgy. You've no proof he's even using the money you're paying him to pay the Council Tax.

LIZS · 10/12/2016 16:03

Wife may well be claiming to be living there on her own , and receiving a discount for that. Also ll at his address.

specialsubject · 10/12/2016 16:04

no compulsion to take a deposit (more fool him) but this just screams that the council tax either isn't being paid, or you are paying off someone else's debt.

a few minutes talking to the council should tell you what is going on.

whether you wish to continue feeding this landlord is your call.

EnormousTiger · 10/12/2016 17:02

WH Smith probably do a proper assured short hold tenancy agreement which says within it who pays the council tax. Go off and read it and check exactly what the contract says as that is highly likely to be the legal answer to this.

NotDavidTennant · 10/12/2016 17:14

A landlord who doesn't take a deposit, doesn't give you a contract until you've already been living there two months, and insists on having the council tax in the name of someone who doesn't live there. Sorry but the whole things sounds as dodgy as hell.

scaryteacher · 10/12/2016 17:36

There is a hierarchy of liability for who owes the CTax, and as a tenant, it should be you, unless the property is a HIMO, and you only rent part of the property on an individual basis (i.e a room). If you have access to, and rent, all of the property, you are the liable person.

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