AST: are outgoings included or not at L's discretion?

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    #16
    Tread carefully

    You need a formal assured shorthold tenancy agreement if you are no longer a resident landlord. Anyone who intends to stay after you have moved out must have signed an AST agreement with you.

    Do not permit anyone to reside at the property without agreeing and signing an AST agreement BEFORE you move out. If they don't sign an AST before you leave, then make them move out pronto. Telling a lodger to move out is easy because they have no rights of occupation. But if you make the mistake of moving out yourself then trying to get the remaining occupants to sign - you'll regret it all the way to the courts.

    I do not recommend a landlord including any bills in an AST scenario. Put that right out of your mind - it's the least of your concerns.

    How many lodgers do you currently have? How many storeys in your house?

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      #17
      Originally posted by Poppy View Post
      You need a formal assured shorthold tenancy agreement if you are no longer a resident landlord. Anyone who intends to stay after you have moved out must have signed an AST agreement with you.

      Do not permit anyone to reside at the property without agreeing and signing an AST agreement BEFORE you move out. If they don't sign an AST before you leave, then make them move out pronto. Telling a lodger to move out is easy because they have no rights of occupation. But if you make the mistake of moving out yourself then trying to get the remaining occupants to sign - you'll regret it all the way to the courts.

      I do not recommend a landlord including any bills in an AST scenario. Put that right out of your mind - it's the least of your concerns.

      How many lodgers do you currently have? How many storeys in your house?
      Also, and even whilst L does reside, ensure that all lodgers sign a letting contract that includes joint and several obligation to pay/contribute towards outgoings that an AST tenant would pay (e.g. Council Tax, Water Rates/Bill, electricity/gas/telephone) but NOT those that L always pays (mortgage, property insurance, service charge [if flat], ground rent [if leasehold], property repairs, etc.)
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #18
        Originally posted by Poppy View Post
        You need a formal assured shorthold tenancy agreement if you are no longer a resident landlord. Anyone who intends to stay after you have moved out must have signed an AST agreement with you.

        Do not permit anyone to reside at the property without agreeing and signing an AST agreement BEFORE you move out. If they don't sign an AST before you leave, then make them move out pronto. Telling a lodger to move out is easy because they have no rights of occupation. But if you make the mistake of moving out yourself then trying to get the remaining occupants to sign - you'll regret it all the way to the courts.

        I do not recommend a landlord including any bills in an AST scenario. Put that right out of your mind - it's the least of your concerns.

        How many lodgers do you currently have? How many storeys in your house?
        Thanks for pointing out that I'll need an AST before I leave. Do you know if there are any AST templates I could use?

        I currently have 2 lodgers in a 3 storey townhouse.

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          #19
          Landlord says benefit claimaint has to pay house CT bill despite saying its included

          My friend is on benefits and is having various problems but this is well mentioned on another thread so wont go into that much.

          He moved in last September to a student place as he is part time. The landlord filled in the form as council tax included but is now demanding he pay the whole houses CT bill.

          I think they only put council tax included since they thought my friend would be exempt but surely since they put that its included to council they cant charge it?

          The LL refused to give copies of the Tenancy Agreement.

          Comment


            #20
            Originally posted by rockedboat View Post
            The LL refused to give copies of the Tenancy Agreement.
            That isn't right - T should by right have a copy of the AST.

            Originally posted by rockedboat View Post
            I think they only put council tax included since they thought my friend would be exempt but surely since they put that its included to council they cant charge it?
            student houses, I think, are exempt from CT - but if i remember rightly from a not-so-recent LL training, the LL has to apply for the exemption. If you friend is getting HB/LHA, then s/he can get their CT paid or get some assistance with the payment.

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              #21
              Originally posted by havensRus View Post
              student houses, I think, are exempt from CT.
              Student TENANTS are exempt from council tax, not student houses.

              You are correct about the landlord applying for the exemption however.

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                #22
                What happens in a shared house, where only one person is a student? The rest are working...

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                  #23
                  Originally posted by rajeshk4u View Post
                  What happens in a shared house, where only one person is a student? The rest are working...
                  The non student tenants pay the council tax. If the student feels like contributing, that is up to him.

                  Comment


                    #24
                    "Student TENANTS are exempt from council tax, not student houses."

                    "What happens in a shared house, where only one person is a student? The rest are working..."


                    "A place occupied only by full-time students is exempt from Council Tax", i.e. no CT bill.

                    "Council Tax is charged per ‘dwelling’ or household, and each household gets a single Council Tax bill."

                    "If there’s someone in the household who’s not a full-time student the household will get a bill, but may qualify for a discount on the full amount."

                    "If your household has fewer than two adults who are counted for Council Tax purposes, it will qualify for a discount on the full amount. If there’s only one, you’ll get 25 per cent off . If the household doesn’t have any adults who are counted - but is not exempt - it qualifies for a reduction of 50 per cent."

                    Source: Directgov: Students and Council Tax

                    Would be a good idea to contact your local authority to confirm the above as different council's may have slightly different rules.
                    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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