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Original poster

Anyone know about tenants rights? Urgent pls

32 replies

mananny · 02/07/2008 14:11

My brother's landlord has not paid council tax for over 2 yrs and owes several grand. My brother and his housemates have been given an eviction notice by the council to vacate NEXT WEEK. Is this legal? What can he do? Anything?

OP posts:
dilbertina · 02/07/2008 14:18

Shelter have a fantastic helpline, tell him to call
0808 800 4444 and they will advise.

dilbertina · 02/07/2008 14:34

Sorry, meant to say they were excellent when I had problems with a landlord a few years ago. Effectively you get free advice from a solicitor or similiar. They are very happy to help people who aren't yet "homeless". Hope he gets something sorted.

One thing - is it the council tax for the property they rent? whenever I've rented I have had to pay the council tax myself seems odd that it's not their responsibility, and that the eviction notice is the first they've heard of it.....might your bro be possibly be twisting the truth a little? Apologies if way of the mark and casting aspertions wrongly!

In any case Shelter will advise where he can go from here.

mommy6 · 02/07/2008 14:56

I may be wrong but didn't think council could do that for council tax,only rent that is outstanding to them.Usally its the bailifs that are sent for council tax.

notjustmom · 02/07/2008 14:59

This reply has been deleted

Message withdrawn at poster's request.

youknownothingofthecrunch · 02/07/2008 15:02

All very odd, tenants pay their own council tax unless they are students in which case there is no tax to pay.

No idea why council has the power to evict them though.

littleolwinedrinkerme · 02/07/2008 15:05

Hi - we own a couple of properties that we let out and the council tax is payable by the tenants NOT the landlord. The tax is for their use of the public facilities (roads/lighting/bins/police etc.) and is payable by each person and is measured based on the type of property (band) they live in. If they are on income support then they may be able to get help. It is definately down to them to pay - sorry!. BTW - should be clearly stated in thier tenancy agreement.

flowerybeanbag · 02/07/2008 15:07

Does your brother and housemates live in the house with the landlord or something? Otherwise surely as everyone says, council tax for the property is their responsibility?

flowerybeanbag · 02/07/2008 15:08

Do not does, sorry

LadyMuck · 02/07/2008 15:09

What is the nature of the tenancy? Does your brother share a house with his landlord?

dilbertina · 02/07/2008 15:24

Is this an unofficial sublet of a council property? Council tax name can't be changed as then landlord would be letting on he's sub-letting, but no-one's been paying the council tax....then it would all make sense....

dilbertina · 02/07/2008 15:27

ie council can only evict from their own property unless somehow the property has to be sold to pay c/tax arrears and then would be court not council doing the evicting.....hate to say it but sounds like your bro hasn't a leg to stand on because he is effectively living there illegally in any case.

Shelter would be able to give him possible options though.

mommy6 · 02/07/2008 16:44

I have just relised you are not in the UK,your in America.Is your brother there also,because if he is i'm not sure if anything i said would be right over there.

LIZS · 02/07/2008 16:51

If he hasn't lived there for the past 2 years it is the previous tenants' debt not landlord's(unless he lived there or was unoccupied). Unless the council own the property they cannot evict a tenant as such but could make a move to force sale if the debt is unfulfilled.

mommy6 · 02/07/2008 17:09

I have had a look online and it seems the council can give an eviction notice,for non payment of council tax.(In America).Not sure if the Landlord should have paid the bill or your brother.If it was your brothers landlord,the only thing he can do is speak to somebody at the council.Sorry not much help.I don't really know how things work over in American.In the UK it would only be non payment of rent that the council can give you an eviction notice for,not tax.You would end up in prison here for non payment of council tax.

beaniesteve · 02/07/2008 17:11

"i've never known a tenancy agreement where the tenant isn't responsible for paying their own council tax. "

used to be if you shared a bathroom with other tennants then it was the landlord's responsibility to pay teh council tax. Not sure it's the same. It's a nice loop-hole.

expatinscotland · 02/07/2008 17:12

'for non payment of council tax.(In America)'

There is no council tax in America.

The property owner pays property tax.

Of course, the property owner almost assuredly builds the cost of the property tax into the rent, but it is not the responsibility of the tenant to pay property tax.

youknownothingofthecrunch · 02/07/2008 17:14

Right, well that explains all the confusion. Can't help with American taxes at all.

Hope it gets sorted.

expatinscotland · 02/07/2008 17:16

no one will be able to help you with this, mananny. he needs to speak to the council there, because the laws are different and again, there's no council tax there, only property tax.

mommy6 · 02/07/2008 17:26

Can i just point out i'm not 100% sur mananny is in American.Just that she said about living ther in her other threads.

expatinscotland · 02/07/2008 17:27

yes, IIRC, mananny is a Brit living and working as nanny in the US.

flowerybeanbag · 03/07/2008 09:12

OP not come back, given how urgent it was?

scaryteacher · 03/07/2008 11:17

Landlords can be liable for CTAX in the UK if the property is a HIMO, that is, that the tenant doesn't have the right to occupy the whole of the property...locks on bedroom doors etc, or there being no living room. My tenants share the bathroom (they're married) so that doesn't really count! It also depends on the tenancy agreement. If all the tenants are named then they're liable for CTAX, but if it' individual tenancy agreements, then the l/l is liable under the hierarchy of liability.

nervousal · 03/07/2008 11:49

but surely if its a HMO and landlord is responsible for council tax the council would go after the registered landlord for unpaid taxes - not the tenants? Need OP to come back and clarify. I think it sounds like an unofficial sub let of a council property.

2point4kids · 03/07/2008 11:54

i'm a landlord and my tenant is responsible for the council tax. Thats pretty standard.

Perhaps your brother wrongly assumed it was the landlords responsibility and now he is being asked to pay up or leave?

Original poster
mananny · 03/07/2008 17:30

OK sorry bout that. I'm a Brit in the US, my brother is a Brit in Cambridge. It turns out the landlord has told the council the tenants are all students and that it is a student house.

This is not true, as 2 of the 4 current tenants are full time workers. The landlord gets rent each month from each tenant that as far as brother and housemates knew, covered all relevant taxes. No leases were signed (stupid brother) and no one knows where the landlord is as he's done a runner. Thus the council are getting a possession order from the court and have written requesting vacation of property within 14 days. No court order has yet been received.

Brother is moving out this weekend and now he knows how dodgy the landlord is, wants NOTHING to do with the situation.

OP posts: