Council Tax exemption and other tenants

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    Council Tax exemption and other tenants

    Hi all,

    I am managing a HMO with up until now only professionals. One of the tenants will be starting a full time course and will therefore be exempt from council tax. I have informed the other tenants that their bills will go up, however one of them is now demanding to see proof that the other tenant is exempt.

    Now due to privacy matters I am very reluctant to show him this exemption. Therefore my question is whether I am obligated to show him this or whether he should just accept this is what it is?

    Any my advice would be much appreciated,

    many thanks,

    Danielle

    #2
    Why should someone's rent go up because a landlord chooses to rent a room to a student? Nah, swallow it.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by Danielledej View Post
      One of the tenants will be starting a full time course and will therefore be exempt from council tax.
      Sez who?
      The exemption makes no difference to the council tax bill for the property.
      If they don't like it, tell them to move into halls of residence.


      Comment


        #4
        The student is disregarded for council tax purposes, not exempt. A full time student being resident in the property will not increase the council tax charge as long as they remain to be disregarded.

        In any case then, providing there are already at least 2 resident adults who are not disregarded for council tax purposes, the presence of another adult (disregarded or not) makes no difference at all to the council tax charge
        Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

        If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

        Comment


          #5
          Originally posted by Danielledej View Post
          One of the tenants will be starting a full time course and will therefore be exempt from council tax.
          No they won't.

          The property is assessed for council tax and not the people in it.
          If there are sufficient people in the property for it to require council tax to be paid (the calculation for which will exclude the full time student) the tax is due.


          How you, as the landlord who has to pay it, decides to recharge your customers is up to you.
          Any "exemption" the student has is completely meaningless, because that would relate to their relationship with the local authority and not to their relationship with you about repaying the tax you have paid.

          If I were your (existing non student) tenant, I'd want to know why you'd increased my living costs by choosing to take on a tenant who you have decided shouldn't pay the same rent you charge me.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            It is not a new tenant but one that was a professional and is now starting a uni course. Rule for the house has always been that only professionals share the council tax which everyone has agreed to.

            so the issue is not who should or shouldn’t pay but what information do I have to share with the their tenants. In this situation should I show them the proof that this one tenant is exempt or not because of privacy reasons?

            thanks!

            Comment


              #7
              Originally posted by Danielledej View Post
              so the issue is not who should or shouldn’t pay but what information do I have to share with the their tenants. In this situation should I show them the proof that this one tenant is exempt or not because of privacy reasons?
              Well your issues are interlinked as tbh none of your tenants are liable for the Council Tax. So they are all effectively "exempt" as they live in a HMO, which is the reason why you are liable. You should really just build the Council Tax charge in to the rent you charge them and not charge them separately for it.

              I'd be slightly annoyed too if I was your tenant and I had to pay more for something I'm not liable for as you have decided someone else doesn't have to pay.

              But to answer your question, I would say no you can not share with your tenants a student certificate belonging to another tenant unless they give you permission.

              Comment


                #8
                Originally posted by Welshie View Post
                But to answer your question, I would say no you can not share with your tenants a student certificate belonging to another tenant unless they give you permission.
                I think that that has to be the position.

                The tenants obviously accept the rule about how the payment is shared, so they have to accept that if you're happy that the necessary conditions have been met that's it - the rule is something you've made up, so you get to decide.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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