tenancy agreement dispute - liability for council tax arrears from 5 years ago

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    #16
    Originally posted by Policy reader View Post
    Out of curiosity if a person is living in a shared accomodation that include all bills which most of us usually be able to find from gumtree or the ads pasted outside the off licence shops. In that case whether the tenant still be liable for council tax?
    Basically what JpKeates has said above.

    Where the property is advertised is not relevant.

    A tenant or even squatter in occupation will always be liable above an owner unless the owner also lives in the property. Or if the property is defined for council tax purposes as a HMO.

    ​​​​​​ The council tax definition of a HMO is different to that of the licensing definition. If two or more occupiers have separate tenancy agreements for the property it is defined as a HMO for Ctax. Or if the tenants agreement states they are renting a room with shared access to communal areas this is defined as a HMO for council tax and in both cases the owner would be liable.

    For the tenants to be liable in a HMO the tenancy agreement should be joint naming all tenants.

    if the rooms/flats are self contained herediments as decided by the valuation office agency not the council, they will be banded individually and the occupying tenants liable.


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      #17
      Originally posted by AndrewDod View Post
      Define 'liable'.

      If the Council tax is not paid the Council will be able to prosecute the tenants.

      The tenants will in turn sue the landlord.

      If the tenants are lodgers then the order of sueing will be the other way around.
      Being liable or 'responsible for payment' to the council for tax levied by an authorised billing authority is not the same as being sued for a contractual obligation between two parties that is at an amount based on a council tax charge.

      If the liable party does not pay council tax and shows wilful neglect or refusal, they can be imprisoned. The same cannot be said for someone who refuses to pay a contractual obligation to their landlord or tenant.

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        #18
        Most TA's make the T liable for C Tax. Only if the property (room, Property etc) becomes vacant, does the Property Owner have any liability.

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          #19
          Originally posted by mariner View Post
          Most TA's make the T liable for C Tax. Only if the property (room, Property etc) becomes vacant, does the Property Owner have any liability.
          I can't think of any circumstances where a tenancy for a room only makes the tenant liable to council tax unless said room is self contained dwelling.

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            #20
            Precisely.

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              #21
              Originally posted by mariner View Post
              Precisely.
              Sorry I'm not sure I understood your previous post then mariner?

              I thought you meant that most tenancy agreements for a room or fiat would make the tenants liable unless it became empty?

              But occupied or not, I can't think of and agreement for only a room within a dwelling that would make the tenant to the local authority for council tax?

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                #22
                If you have a room while sharing other facilities with other tenants then in that case you as a tenant shouldn't be responsible for council tax.

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                  #23
                  Originally posted by Policy reader View Post
                  If you have a room while sharing other facilities with other tenants then in that case you as a tenant shouldn't be responsible for council tax.
                  If all of the occupants are on one tenancy agreement (i.e. they're joint tenants), they would be responsible for the council tax.

                  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).

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                    #24
                    Originally posted by jpkeates View Post
                    If all of the occupants are on one tenancy agreement (i.e. they're joint tenants), they would be responsible for the council tax.
                    How about if none of them are related to each other and have no tenancy agreement and the lead tenant alone is paying the whole amount of council tax bill himself?

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                      #25
                      Originally posted by Policy reader View Post

                      How about if none of them are related to each other and have no tenancy agreement and the lead tenant alone is paying the whole amount of council tax bill himself?
                      The relationship between them is irrelevant and there is no such thing as a "lead tenant" beyond deposit scheme administration. If its s joint tenancy of 6 months or more then the tenants are liable

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                        #26
                        The six months part only matter if no ones actually living there. The person or persons living at the property with the superior reversionary interest are liable if it's not council tax HMO (and other special categories).
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

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                          #27
                          Originally posted by Policy reader View Post
                          How about if none of them are related to each other and have no tenancy agreement and the lead tenant alone is paying the whole amount of council tax bill himself?
                          Who pays rent and to whom?
                          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


                            #28
                            Originally posted by jpkeates View Post
                            Who pays rent and to whom?
                            Multiple tenants who find the property from gumtree or ads pasted outside the off licence shop to lead tenant who is paying the council tax, other bills and rent to landlord.

                            Comment


                              #29
                              In that case, there's one tenant (the person who pays the rent to the landlord) and the others are probably lodgers or excluded occupants of that person.
                              That tenant is responsible for the council tax and is also probably responsible for complying with the HMO regulations that will arise if there are two other people living there.

                              There's no such thing as a "lead tenant" outside deposit protection.
                              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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