Splitting up council tax

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Splitting up council tax

    Quick (and probably silly question!)

    We rent a house to a single tenant and a couple - 2 separate AST's. We have been assured by housing office that we are not running an HMO that needs licensing.

    But with regards to council tax, how should it be split? Per room, ie. split in 2? or per person ie. the couple pay twice as much?

    It does state in their tenancy agreement that they are liable for council tax.

    Thanks

    #2
    If the bill is in their name, suggest something, and leave them to it.
    By intervening they will expect you to sort it out if someone defaults
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      If the bill is in their name, suggest something, and leave them to it.
      By intervening they will expect you to sort it out if someone defaults
      No. This is wrong. Unless the tenants are on a joint tenancy agreement they cannot be told to 'sort it out themselves'.

      Either the LL must pay it and allow for it in the rent (too late to do that now in this case however), or he must have stipulated in the agreement how much each tenant was to pay. If he has not done that then he will have to negotiate.

      If the bill is in the LL's name (as opposed to all three tenants' names), LL is liable for it anyway.
      '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


        #4
        Thanks, but still doesn't answer the question about how to split it?

        Whose name it is in is irrelevant to what I'm trying to find out

        Comment


          #5
          Originally posted by djc111 View Post
          Thanks, but still doesn't answer the question about how to split it?

          Whose name it is in is irrelevant to what I'm trying to find out
          I disagree that it is irrelevant.

          If the bill is in your name, your tenants could refuse to pay it and you would have to sue them for it based on their two separate agreements - a pig's ear, to be honest.

          If they are willing to pay it and there are three adults with roughly equal use of the property, I would suggest an equal three way split. But the couple may object to that on the grounds they only have one bedroom between them.

          Split it in the same proportion as the rent is split?
          '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
            the definition of hmo for council tax purposes is different to that in the housing act.

            if you have any size of house and either

            (a) have locks on the bedroom doors, or

            (b) let the bedrooms on separate contracts

            the CT legislation states that the landlord is liable to pay the council tax. it does not matter if you have a clause in the contract that states the tenant pays. the act says the landlord is liable so the council will chase you.

            you should therefore have a clause in your contract that states where the council elect to charge the landlord ct directly, you can re-charge this amount to the tenant. you should also reserve the right to split the amount of ct according to your discretion.

            where you have a house that you let like this you shoulod in my opinion charge the ct in with the rent - otherwise its a nightmare working out the amounts as the ct goes up / people move out etc.

            hope this helps.

            Comment


              #7
              Ignore thesaint.

              Ultimately, if the council tax goes unpaid*, then the council may decide to pursue you for the debt, regardless of who is living there (council tax is not like utilities bills, they can pursue the property owner or the occupier, as they see fit); so it is strongly in your interests to try to resolve the issue to the satisfaction of all.

              * Non-payment of council tax may result in a custodial sentence.

              Comment

              Latest Activity

              Collapse

              Working...
              X