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    I've a quick question regarding council tax as my friend is in a dispute with her landlord over deposit deductions and we're hoping they can't use this against her!

    Basically she graduated from university last year but through circumstances she ended up living with students throughout the year just passed. We're aware in regards to CT she would be liable to pay for 75% of the total CT bill (taking single professional discount into consideration). Before moving into this house, she said she had voiced her concerns to the landlord saying how interested she was in the available room however her only concern was being solely responsible for paying the CT bill. Therefore she had then asked the landlord if there was any solution they could agree on to help her pay for the bill, thinking that he may offer to reduce her rent slightly to help her cover the CT while ensuring that the room was filled.

    However he later responded stating that as long as neither him, her or her new housemates were to inform the council about her moving in, that they would just assume that the room stayed vacant after the previous student moved out and that she could get away without paying for CT. Although in hindsight she admits it's probably something she shouldn't have done as she went along with it anyway and got away without paying for that year, now that's she's moved out she's currently in a dispute with the landlord over some extremely excessive cleaning and repainting charges that are ridiculous as she had showed me pictures of her leaving the house completely spotless.

    Her concern though is that whether or not the landlord could use the CT point to threaten her into accepting the charges by later informing the council of her staying there. If so what can she do, and to what extent would the landlord be held liable for being complicit in hiding the fact she was living there?

    Help, please!!!
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    (Original post by DJS92)
    I've a quick question regarding council tax as my friend is in a dispute with her landlord over deposit deductions and we're hoping they can't use this against her!

    Basically she graduated from university last year but through circumstances she ended up living with students throughout the year just passed. We're aware in regards to CT she would be liable to pay for 75% of the total CT bill (taking single professional discount into consideration). Before moving into this house, she said she had voiced her concerns to the landlord saying how interested she was in the available room however her only concern was being solely responsible for paying the CT bill. Therefore she had then asked the landlord if there was any solution they could agree on to help her pay for the bill, thinking that he may offer to reduce her rent slightly to help her cover the CT while ensuring that the room was filled.

    However he later responded stating that as long as neither him, her or her new housemates were to inform the council about her moving in, that they would just assume that the room stayed vacant after the previous student moved out and that she could get away without paying for CT. Although in hindsight she admits it's probably something she shouldn't have done as she went along with it anyway and got away without paying for that year, now that's she's moved out she's currently in a dispute with the landlord over some extremely excessive cleaning and repainting charges that are ridiculous as she had showed me pictures of her leaving the house completely spotless.

    Her concern though is that whether or not the landlord could use the CT point to threaten her into accepting the charges by later informing the council of her staying there. If so what can she do, and to what point would the landlord be held liable for being complicit in hiding the fact she was living there?

    Help, please!!!
    I think it's the person themselves responbility to inform them that they should be paying council tax, the issue is that the fines or worse for not paying council tax will be much higher than the deposit deductions so it could be better just accepting it.
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    (Original post by DJS92)
    Her concern though is that whether or not the landlord could use the CT point to threaten her into accepting the charges by later informing the council of her staying there. If so what can she do, and to what extent would the landlord be held liable for being complicit in hiding the fact she was living there?
    The hierarchy of liability is:
    1. a resident who lives in the property and who owns the freehold
    2. a resident who lives in the property and who has a lease
    3. a resident tenant
    4. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
    5. any resident living in the property, for example, a squatter
    6. an owner of the property who does not live there.

    [from https://www.citizensadvice.org.uk/wa...ouncil-tax-w/]

    It's important to remember than CT is not the equivalent of the poll tax - so long as the council tax for the property has been paid for the year, then the council isn't bothered who paid it. However, any resident should inform the council that they've moved into a property, even if they haven't got a 'new occupier' letter. The division of the CT seems complicated from your description, but I think the important thing is whether or not it's actually been paid in full yet or not.

    Has the council got wind of the fact this girl was living there but hadn't disclosed her status to the council regarding CT?
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    (Original post by DJS92)
    ......
    Your friend entered into an illegal agreement with the landlord to defraud the Council. She is now in disagreement with the landlord. Of course the landlord can cause the Council to be aware of the lack of Council tax payments, and your friend will be 100% liable. Explaining to the Council that the landlord colluded in the fraud is going to get your friend exactly nowhere.

    Your friend put herself in a fundamentally weak position when she entered an illegal agreement. She needs to weigh up the cost of paying the cleaning bill versus the cost (and possibly police record) of paying the Council tax. In other words, pay the cleaning bill and learn a lesson.
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    (Original post by DJS92)
    I've a quick question regarding council tax as my friend is in a dispute with her landlord over deposit deductions and we're hoping they can't use this against her!

    Basically she graduated from university last year but through circumstances she ended up living with students throughout the year just passed. We're aware in regards to CT she would be liable to pay for 75% of the total CT bill (taking single professional discount into consideration). Before moving into this house, she said she had voiced her concerns to the landlord saying how interested she was in the available room however her only concern was being solely responsible for paying the CT bill. Therefore she had then asked the landlord if there was any solution they could agree on to help her pay for the bill, thinking that he may offer to reduce her rent slightly to help her cover the CT while ensuring that the room was filled.

    However he later responded stating that as long as neither him, her or her new housemates were to inform the council about her moving in, that they would just assume that the room stayed vacant after the previous student moved out and that she could get away without paying for CT. Although in hindsight she admits it's probably something she shouldn't have done as she went along with it anyway and got away without paying for that year, now that's she's moved out she's currently in a dispute with the landlord over some extremely excessive cleaning and repainting charges that are ridiculous as she had showed me pictures of her leaving the house completely spotless.

    Her concern though is that whether or not the landlord could use the CT point to threaten her into accepting the charges by later informing the council of her staying there. If so what can she do, and to what extent would the landlord be held liable for being complicit in hiding the fact she was living there?

    Help, please!!!
    Depends how clever the LL is.and whether its worth the hassle.
    He could inform them she was living there and it was her responsibility (it is).
    She could inform them she believed it was included in the rent (although shed need to look at the tenancy which may say otherwise) a lie and which shed have no proof.

    Its up to her whether she wants to take the chance and object to the deduction whereby she should contact the Tenancy deposit scheme and seek to use the ADR procedure for resolving disputes.

    The tenancy will state which scheme her deposit is in.

    If it isnt in a deposit scheme then he has broken the law and he can be fined. You can use that as leverage.

    Everything she needs to know is here
    The LL may back down, especially if she says she has spoken to Shelter, has photos that are dated or he has failed to put her deposit into a scheme.

    He may in turn bring CT up, but he may or may not raise it..

    Its her choice an she should weigh up the deduction v the CT bill, then use common sense and whether she fancies her chances. and who blinks first. Je may back down if she points out she has taken advice and they have suggested ADR, but he may get aggressive as well and try to bully her out of it.

    Imo this will have happened before.

    Anyway read the link and contact shelter if you dont understand it.

    https://england.shelter.org.uk/housi...nancy_deposits
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    I guess a middle ground would be to refuse to pay and see if he threatens her with the council tax. If he does it's probably worth just losing the deposit money and learning a lesson.
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    (Original post by doodle_333)
    I guess a middle ground would be to refuse to pay and see if he threatens her with the council tax. If he does it's probably worth just losing the deposit money and learning a lesson.
    Much smarter. its call my bluff. If he does call in the Council, then he should be careful because hes almost certainly done it before and he becomes liable for unpaid CT. If he does call CT, then thats when she fights for the deposit and either ADR or county court. So much depends on the personality of who is involved.
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    (Original post by 999tigger)
    Much smarter. its call my bluff. If he does call in the Council, then he should be careful because hes almost certainly done it before and he becomes liable for unpaid CT. If he does call CT, then thats when she fights for the deposit and either ADR or county court. So much depends on the personality of who is involved.
    yeah..;. impossible for OP to judge the consequences... IMO a lot comes down to how much the LL is asking for, if it's £100 and they probably owe £50 anyway then just pay and avoid the trouble... if they're asking for £500 and OP reckons it should be nothing then maybe it's worth taking the risk...
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    (Original post by doodle_333)
    yeah..;. impossible for OP to judge the consequences... IMO a lot comes down to how much the LL is asking for, if it's £100 and they probably owe £50 anyway then just pay and avoid the trouble... if they're asking for £500 and OP reckons it should be nothing then maybe it's worth taking the risk...
    Which is why getting all the details in interview, reviewing the documents, knowing the evidence and gauging personalities is important.

    You just reminded me of the additional point is once Id worked out a position then I would try and resolve it with the LL direct or maybe even ask a parent to intervene and make them an offer of what the cleaning should be then maybe a bit extra so 60% of what they asked plus backed up with ive taken legal advice or offer ADR which they wont like.

    It just seems like a usual deposit squeeze that they will try on with other tenants as well. Always bear in mind the downside of the CT though.
 
 
 
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