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  #1  
Old 10-08-2008, 10:57 AM
BobbieG BobbieG is offline
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Default question regarding landlord not paying council tax...

last year my husband and i moved into a converted barn on the farm where my horse was stabled. At the time the landlord said council tax and bills were included in the rent. Its since emerged that not only are we not on the council tax list, but the landlord does not have planning permission for residential use for the flat we are living in. There are 6 of these flats with people living in them and the landlord is clearly pocketing the cash (they specifically asked for cash) and not paying our council tax, they even asked us to go out for the day when an inspector from the local council came down recently.
We are trying our best to find somewhere to move to at the moment, but my question really is about the council tax. What would happen should the council find us living there, would we have to pay back tax? and could they insist we move out straight away? The landlord never gave us an agreement and as we were liviing next door to them it didn't seem a problem, so we have nothing to prove what we have paid them. I should add they aren't reasonable people so no good talking to them!
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Old 10-08-2008, 11:27 AM
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Bobbie G,

I would say not only has your landlord not complied with the law regarding Council Tax and notifying the Council you are the tenant and responsible for the council tax on your accommodation, you too will be up the creek without a paddle, if you cannot prove you have paid the money. Apart from not applying permission for conversions, I can think of a couple more planning regulations he has broken and sadly you are going to be a victim in all of this.

Saving bit here, with no proof of you paying rent and being a tenant, this would make the landlord responsible for the whole kit and caboodle once the Council catches up with him. Looks like they are also not tax on the income. so HM Revenue and Customs might have a bit of chat with your landlord for undeclared income.

I would be making plans to leave very quickly, if you cannot get a proper tenenacy agreement from the landlord.

Just my opinion, and it would be very interesting if it came to court case.

Last edited by Dragonlady : 10-08-2008 at 11:51 AM.
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Old 10-08-2008, 11:44 AM
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Hocuspocus Hocuspocus is offline
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Quote:
farm
Notorious for this type of set up.
We had loads not far from me and my friends dad is a farmer, one of them was collard last year and he said " they have all had it toooo easy for to long"

problem is post coding and tracking the developments = the old stables/milk barns/ hay barns etc they end up with 7 or 8 different buildings and more time than not they will only report 2 conversions.

The fact you have no proof of rent paying but your landlord lives next door in full knowledge you are there, Should give weight to your position if questioned.

As He hasn't reported you as squatters, you have had your post and bank details registered there, so you have treated as your residence as a normal situation and he has been happy for you to do so.

My suggestion is as you are in such a seriouse situation, to ask the same question on the
Landlord Zone
http://www.landlordzone.co.uk/forums/

Do the other tenants know, I'm guessing as soon as he thinks you have all found out, he will try to remove you.

how long have you got there? depends if living there is something you couldn't find somewhere else.
Have to say i would be tempted to tell my self i didn't know
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Old 11-08-2008, 08:07 AM
BobbieG BobbieG is offline
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Thanks for your replies. We do have our bank accounts set up here and the post all goes into the landlords house, and then gets passed onto us, so they would have no argument in not knowing we are there! Am i right in thinking that as we should be on their council tax list it should be their responsibility to add us to it, as we do not have our own address within the farm.
I think they know know we have sussed out their game, but he said to us "the reason its cheap here is because theres certain things you cant do..." I.e one of those things was he wont allow us to register my husbands tax here as he is self employed and they said they didn't want it mixed up with their business, so we have had to leave it at his mums address. It's not particularly cheap and its not convienient, and i'd rather be paying council tax, as i am working towards getting a mortgage. We are desperately looking for somewhere to move to!

Last edited by BobbieG : 11-08-2008 at 08:12 AM. Reason: Ooops.. mistake!
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Old 11-08-2008, 09:19 AM
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Quote:
We are desperately looking for somewhere to move to!
sounds like a good plan.

It seems hes extended his house out wards?? and has you all living under 1 address, im guessing there is no council tax bill to pay as you are all on his bill.

Do you have your own front door and you are a seperate house, with a seperate address?

If you are using his address for everything and he is a person with this frame of mind with money then watch your personnal details closely, keep a regular credit file check now and whne you move.

I think he should of explained everything in detail before you became party to the set up.

I hope you find some where nice to move
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Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

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Old 11-08-2008, 10:42 AM
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The only way I can see you getting out of this one is if the property is an HMO then of course if that is so then the Landlord would need to be licenced.

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