Letting agency didn't pay my council tax

Tenant Discussion
1

Hello all,

I rented a studio apartment through a letting agency in Newcastle from December 2020 until July 2021. My council tax was supposed to be included in the rent and paid by the agency. This was confirmed over the phone before signing the tenancy agreement and in writing in the agreement itself. I paid my rent in full and on time every month until I moved out.

Around the end of my tenancy there I received a council tax bill stating that absolutely no council tax was paid. I quickly raised it with both the council and my letting agency. The agency instructed me to apply for a single person discount on the council website and to send them a confirmation after it’s done. After I did this, they ensured me it will be taken care of and they will pay the outstanding tax. I also made sure to inform the council about my moving out from there and provided my new address to avoid any problems in the future.

However, in December I received a new council tax bill informing me about an outstanding balance (including court costs) of £327.57 (!!!). I called the council again to explain this and they said that it wasn’t paid in full and that ultimately I am responsible for paying it, not the agency. I emailed the agency again and they said they are looking into this, but today I received yet another letter from the council that I have only 14 days to pay it.

Any help will be greatly appreciated. How can I protect my money here? How can I make the agency pay the outstanding money? What if they just say no? They are saying they are looking into this, but I feel like I should start preparing to protect my money somehow… Should I pay the council before they enforce the collection (with fees) and then get a solicitor to sue the agency for a breach of agreement and additional fees (not to mention the constant stress of this whole thing reocurring!).

Thank you all.

2

pay the council you are responsible and then sue agency

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3

I agree with Colin. You don’t want it to wreck your credit rating.

I would pay it and then send a letter to the agent saying that despite your numerous previous requests, they have not paid the bill that they are contractually bound to pay and you have had to pay it to avoid damage to your credit file. I would send a copy of the bill and an extract from the contract where it says they should pay it.

I would tell them you want reimbursement within, say, 14 days, or you will take recovery action which will result in extra costs being added to the bill.

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4

Exactly what Colin3 says above.

5

Technically the owner of the property is liable and you should only be liable as tenant if the contract states you are

Have you actually sent the council the contract? Have you contacted the owner of the property to let him know he will be liable for any distress caused?

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