What features can T reasonably expect on new let?

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  • What features can T reasonably expect on new let?

    This is a second thread sorry, but i didn't want answers getting mixed up.

    We have put money down on a place, the agent from 'Saxon Kings' is saying he needs guarantors statements to prove they can pay if we don't. Fine but he wont accept my girlfriends who's parents both live outside the UK, he is saying they don't accept non-UK guarantors - is that possible.

    He says my parents need to be hers. need to be able to cover my rent plus her rent plus there rent... STUPID!

    Also when is the normal time to see the tenancy agreement. We would like time to look over it now, but he says we can only see it on the day we pay everything in full, deposits and month advance. Again is this true, this would be the 28th.. 1 day before move in.

    Regards
    Wayne

  • #2
    It is perfectly reasonable for a landlord to refuse to accept non resident guarantors due to the difficulty of getting them to honour their obligations under U.K. law if they are not resident in this country.
    It is however reasonable to expect a landlord to permit you access to a copy of the legal documentation he is expecting you to sign well before the event for you to take your own, independent advice as to what you are committing yourself to by signing it. If this landlord/agent refuses you this then he might be trying it on and has something to hide in which case you should walk away.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


    • #3
      Oh my goodness me! Sounds like you are sleep-walking into another bad situation.

      Certainly you should be provided with a copy of the tenancy agreement well before you decide to take up the tenancy.

      Comment


      • #4
        New student & council tax

        My partner and I are moving to a new home.. not found one just yet but that's irrelevant for the moment.

        I am a 3rd year student, so getting my exemption from council tax will be fine. However, she is going to be a 1st year student this September.
        We are moving into the new home for the 1st of August.
        During this one month between August and September (when she shall start her course), we don't know if she'll be able to get her council tax exemption... What should be done in this case?



        Also, due to the case of her being made redundant as a carer for the last month of living here:
        - will it effectively make her liable to pay council tax again?
        - will it make her eligible for housing benefit for one month?
        - is it worth mentioning to the council tax office at all?

        She hasn't had to pay any council tax from the beginning of the tenancy due to her being a live in carer, resulting in both of us being exempt and the third tenant paying council tax with a 50% reduction from her carer status and a further 25% reduction from my own student exemption. On top of which the third tenant is receiving housing & council tax benefit to help him pay it.
        But will she be liable too?
        And will her 50% reduction disappear in time for her to pay??
        And will she get housing benefit in time to help pay it???
        (Find out next time on housemate from hell huh? :P)

        Help?

        Comment


        • #5
          I think that it would probably cost your local council more overall to sort that lot out for one month, than the £50 (?) max they would recoup in charges, so if I were you I would take the pragmatic apporach and let them ask you for it. If their demand seems unreasonable, send them a copy of what you have posted here.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


          • #6
            If ALL occupants are full-time students the property is exempt from council tax. For simplicity, full-time students should only choose to live with other full-time students. Another simple solution is to reside with a live-in landlord where all bills are included in the rent.

            By the sound of what you have said (and I think you already know) your property will be liable for some council tax for a month. I'm going to guess if it's just the two of you, the property will qualify for a single person discount of twenty-five per cent.

            If the council asks for proof of student status, you'll have to pay some council tax.

            Comment


            • #7
              Originally posted by Poppy View Post
              If ALL occupants are full-time students the property is exempt from council tax.
              Poppy, I think there may be an exception to that rule. When the council tax first came in I was told exactly that by a council employee over the 'phone - then when I submitted the leases the LA did an about-turn. Their argument being that they were on separate leases in some way making the L liable to pay. I was considerably out of pocket due to mis-information.
              Typical with local authorities.

              harry

              Comment


              • #8
                Originally posted by harry1001 View Post
                Poppy, I think there may be an exception to that rule. When the council tax first came in I was told exactly that by a council employee over the 'phone - then when I submitted the leases the LA did an about-turn. Their argument being that they were on separate leases in some way making the L liable to pay. I was considerably out of pocket due to mis-information.
                Typical with local authorities.
                No, students (if proven by Certificates) do not pay CT. Perhaps that employess referred to unlet areas or common parts.
                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).

                Comment


                • #9
                  OK, so I have learned that for HMOs where there are separate tenancies, the owner is liable for council tax.

                  Harry1001, Are you saying that for HMOs let exclusively to full-time students on separate tenancies, the owner is liable for council tax?

                  Comment


                  • #10
                    Originally posted by Poppy View Post
                    OK, so I have learned that for HMOs where there are separate tenancies, the owner is liable for council tax.

                    Harry1001, Are you saying that for HMOs let exclusively to full-time students on separate tenancies, the owner is liable for council tax?
                    I'm not - the council did, although I didn't think HMO's were in existence at that time. They charged me, fined me, sent the bailiffs in and all the while I argued without success.
                    There were 3 students each with a separate lease for each of 3 bedrooms although they were all friends - just that they arrived at different times as students do, so it seemed easier to sign up different leases. They shared the whole household as well as bedrooms - (as students do!)

                    Big mistake on my part

                    harry

                    Comment


                    • #11
                      Originally posted by poppy
                      If ALL occupants are full-time students the property is exempt from council tax.
                      So what's wrong with what I said to begin with?

                      Do you think you will appeal the judgement against you at some time?

                      Comment


                      • #12
                        Originally posted by Poppy View Post
                        So what's wrong with what I said to begin with?
                        I don't think that there was anything wrong with it!

                        And I still don't see why a group of students living in a property with separate ASTs should be in a different situation from the same three living in a property in a joint tenancy. They are still students; surely they are still exempt.

                        Why should the LL be liable for CT on a student rental property unless he is a resident LL?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                        • #13
                          Originally posted by Poppy View Post
                          So what's wrong with what I said to begin with?

                          Do you think you will appeal the judgement against you at some time?
                          well, it was 1993 and I just related exactly what happened and what can happen when you listen to mis-informed council employees - in this case, the lady concerned assured me that there would be no council tax to pay on a property let solely to students (that was before the HMO legislation) - on receipt of copies of the leases it suddenly all changed and they made me liable - because they weren't all on one lease.
                          My mistake(s) was/were - listening to the council employee then giving each student a room each on each of the 3 leases - so it then came under HMO, or pre HMO ruling/local council policy/by-laws/made up on the back of a fag packet bash the landlord legislation.
                          And, no, I never did get around to appealing - life is swings and roundabouts - there's always somehow to compensate for injustices!
                          harry

                          Comment


                          • #14
                            Originally posted by mind the gap View Post
                            I don't think that there was anything wrong with it!

                            And I still don't see why a group of students living in a property with separate ASTs should be in a different situation from the same three living in a property in a joint tenancy. They are still students; surely they are still exempt.

                            Why should the LL be liable for CT on a student rental property unless he is a resident LL?
                            Hi

                            There isn't any difference. The key issue is the rateable unit, for council tax purposes. So, if the whole property is classified as one unit, but is let under, say, three separate tenancies, the situation would be as follows (the exact discount levels can vary from one district to another):
                            • one student in occupation, other rooms empty = no council tax
                            • three students in occupation = no council tax
                            • one student in occupation, one non student and one empty room = 25% single person reduction
                            • one student in occupation and other two rooms occupied by non students = full council tax due
                            • all rooms empty, empty property relief (usually 10%)


                            In my day job, we have lots of these properties and exactly this issue arises on a very regular basis. The only sensible way through it is for the landlord to estimate what their council tax is likely to be and to recover it through the rent.

                            Good luck!

                            Comment


                            • #15
                              Preston,
                              is it not the case that - 3 students (or more) in a property make it an HMO (on the assumption that they are not related in any way). In the case of an HMO the owner becomes liable for the council tax rather than the occupiers, and in which case there is no exemption?

                              harry

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