Is that the seagulls one, Drac? 🙂

I was determined not to get done on our last rental after the experience we’d had previously. There was a check-in condition inspection (which we had to pay for, obvs). The words “professionally cleaned” were liberally splashed around. Professional cleaning on departure was a condition of the lease.

Took a load of photos before we moved in and sent them along with the our comments on the report. It was hardly sparkling, previous tenant had had a go round with a cloth and a hoover, but nothing more than that. Bit of mould in the sealant and window frames, spider webs in ceiling corners, limescale on taps and plugs etc.

Thought we could either kick up a fuss and say it’s all lies, send round a cleaner etc. etc. Or just state it’s useful to note the standard of professional cleaning required and we’ll make sure it’s at a similar standard when we leave. Went for b).

No, I’ve fixed the link so it’s no longer Facebook.

Ha!

Increasingly evil and cunning seagulls open lettings agency

So a bit of an update, I spoke to CAB who were okay but they just said he’s in breach of his contract which seemed obvious to me. I then spoke to the council and showed them my contract, they then phoned upstairs and they said they’ll just change it into his name! They also put it on hold so no fines add on. Great I thought.

The following day the landlords little buddy comes around and says that he made a mistake when drawing up the contract and its our responsibility, he also subtly threatened my GF. He said he’s spoken to the council for some hours and they have decided to up the rate for the next few months to cover the short fall. I’m not sure he’s even been as if he had it would have been on record that I’d visited with the photocopied contract on the system.

i’m unsure at the moment whether to visit the council on monday to really get my side across or leave it and see.

i’m unsure at the moment whether to visit the council on monday to really get my side across or leave it and see.

Council Tax would be what, £1k? Think about how hard you have to work for that money, then picture yourself giving it to your landlord as a present. That’s what you’re doing if you give in. It’s not your responsibility; if the contract says explicitly that Council Tax is included then it is.

he made a mistake when drawing up the contract and its our responsibility

Both lies IMO.

At this point I would be laying a jobby under the floorboards and leaving.

Find a new place then concrete the toilet

I won’t deny that it’s very tempting to trash the place and leave but that’s not how I’ve been brought up. I’m honest and expect it in return.

I think the time for them to check the contract passed at the point you and they signed it! Looks like you’ll be leaving at the end of your current period though.

I would stop paying rent, if he is trying to stick you with the council tax bill, then take it from there

The signed contract clauses stand unless they are unlawful, which is safe to does not apply to a clause which states the landlord is responsible for the council tax.

Isn’t this a house of multiple occupation? Pretty sure that automatically means the landlord is liable for council tax these days.

Do you have reference number for your deposit held by the Tenancy Deposit Scheme, as per current legislation?

Don’t stop paying the rent, TDS will not look at this favourably.

Tell him you also made a mistake on the contract, and scrub out the rent figure and write in a new one which is reduced by the amount of the co tax.

And if he’s threatening, record it and report to the police.

What exactly does your copy of the TA say on the subject? That’s the only thing that matters.

However, the council need to be paid by someone, even if it means you stump up now and take the LL to small claims later.

How does your rent compare with market rates for other similar flats/houses in your area? That should give you an idea as to whether the LL has cocked up or not in drawing up the contract. Not that that matters.

he made a mistake when drawing up the contract and its our responsibility

How is his mistake your responsibility? That’s not how contracts work. If they’ve made a mistake in the contract and you’ve both agreed to it that’s their tough doodoo. There’s no “whoops, sorry” clause in contract law.

the landlords little buddy comes around

Do you have any working relationship with him? Ignore him.

The council’s aware and are moving the liability to the landlord, and you’ve a rent contract for an amount. Keep paying that amount.

He said he’s spoken to the council for some hours and they have decided to up the rate for the next few months to cover the short fall.

… the rate your landlord is liable for.

he also subtly threatened my GF.

More detail needed here before I can comment further.

There’s no “whoops, sorry” clause in contract law.

well there is, but it doesnt apply in this case. So as you were.

Something isn’t quite right here tails. Are you sure you’ve got the right end of the stick from the council. If the property is HMO, the landlord is liable. If it isn’t, you’re liable as far as the Council Tax people are concerned. They don’t get to choose. It’s legislation. The occupant is the liable person, even if for what ever reason you’re exempt from paying it, you’re still liable i.e. ‘The Liable Person’.
If the landlord has been to the council and had a Special Payment Arrangement (SPAr) put in place (increased instalments before summons and Liability Order at Magistrates Court), he must be the liable person as due to DPA, they won’t discuss any of it without getting the liable person’s permission.
Something isn’t stacking up I’m afraid. I’d do more talking with the council.
As previously, the council can’t make the landlord liable based on your tenancy agreement. That’s your arrangement with him, not the council.

Interesting. Does that override any tenancy contacts? Ie, if the landlord has offered to pay regardless of liability? The tenant is legally liable to the council, but the rental agreement agrees to cover those payments?

Ergo, there’s two separate ‘contracts’ here. The occupant is liable for payment as far as the council is concerned, but the landlord is bound by the rental agreement to meet those payments on behalf of the tenant. N’est’ce pas?

(Playing devil’s advocate, I have no real idea what I’m talking about)

Sounds like a typical rogue LL.
If CT is inclusive in the rent agreement then it’s really not your problem, worst case you pay and deduct it from the rent, dont withhold rent, thats a breach of contract on your part.

If he’s sending ‘representatives’ around thats sounds pretty dodgy, it might be time to think about moving.

I had a similar situation and basically left a month in arrears as an insurance against my bond, they hit me with a £200 gardening bill and professional cleaning of the oven, which I spent 6 hours cleaning when I first moved in it was that filthy.

They said you owe us a month! I said you owe me my bond back, once you pay it I’ll be able to pay my arrears. it was basically a stalemate and I never heard back from them after that.

Keep a diary of all correspondence with the LL or their ‘agents’ – whether written or verbal communications – you may need it – as they sound dodgy…

If it were me I’d be starting to look for somewhere else already and planning to move out the day the tenancy ends or the break clause allows you to get out

I don’t know anything about tenancy and contract stuff Cougar but ‘Liability’ and ‘Liable Person’ are set in legislation. Even a house full of students who are exempt from paying council tax will still be the ‘liable person'(s) ‘ or indeed Joint and Severily Liable persons even though they have nothing to pay. Now, assuming that they rent the property fully furnished but move out one month before the end of their tenancy agreement ends, they would be ‘liable’ and actually have to pay the Empty Property Charge at what ever amount of discount their local council set it at ( each council makes it’s own discount threshold in terms of dates and amounts) as it would be assumed that they would be claiming student status at the property they have moved to. You can only claim a discount at one property. In this instance, the students could go from paying nothing yo paying up to 75% of full rate.
As bone, each council will set it’s own criteria if discounts etc but something that is set by legislation is Hierachy of Liability. This dictates that tails *IS* the liable person and will be the person that the Liability Order will be obtained against at Magistrates Court and the amount owed recovered through bailiffs, attachment of earnings or benefits, charging order etc or in extremely rare cases, inprisonment. The landlord isn’t liable. Tails us. I don’t understand how or why the council have told tails that the landlord has been made liable (unless it’s HMO) and the landlord has been allowed to discuss the council tax charge and indeed, agree a SPAr.
I is confused.

You can’t assign a liability without the creditor’s consent so the Council will still look to the occupier under legislation and the occupant will look to the landlord under contract.