Friends landlord trying to get him to pay entire houses Council Tax

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    Friends landlord trying to get him to pay entire houses Council Tax

    Well the agency for them is, hes been there ages, and now they want him out by July so they get summer students in, also thes paying over the odds for a tatty old room, a few months ago they deducted £300 for a professional carpet cleaner who just did the hall one which took them about 30 minutes, and the tenants who didnt even want the cleaning done, just got a letter informing them the money was going to be deducted.

    Also the room when he moved in had a carpet full of black marks and they now say they are charging him to clean that.

    Also they say he has to wait 3 months after he moves to get his deposit back.

    Also they say as hes the only one working(hes a student who works part time) he has to pay the council tax bill of £300 for the ENTIRE HOUSE on the behalf of the landlord.

    My friend is exempt being a student and has already spoken to council who say all he has to do is show a letter from college.

    He told agency this and they got rude with him and say if he doesnt pay it they will evict him and keep his possessions.

    I know they cant but why are they so nasty?

    The bedsit is awful he got it in a rush but its grotty, theres no locks on the doors, the place had 2 fire alarms for the 5 tenants, they paid to pay gas and electric seperate(each had own meter) yet paid about £15 per head per week!

    A lot of furniture was mouldy and falling to bits.

    What im getting at is the only bedsits I have been in which were that bad were when I was unemployed.

    And it was £60 a week for the rent, and student accomidation in town was £48 all inclusive and with newish furniture and many which were up to £55 included internet, its only as he applied late that he didnt get one of these as they went fast, I even was in a nice bedsit when working which had just been redecorated with brand new pine furniture and a living room with a PS2 and nice tv for £55 a week, so he was majorly ripped, anyway rant over!

    #2
    Nice rant.

    I thought the LL was responsible for paying council tax in an HMO.

    Some info.



    OG

    Comment


      #3
      Students not liable for C/Tax. If only one adult no-student occupies, whether with or without students, he/she pays 75% of full C/Tax- whether direct to Council or via L.
      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


        #4
        Check with the local council to see if this property comes under HMO legislation and the landlord requires a licence. If so, it will need to inspected to ensure it meets certain standards.

        http://scotland.shelter.org.uk/advice/advice-2750.cfm

        Comment


          #5
          I did not state who was liable- only whose very existence does or does not bring with it any liability. Students don't count for C/Tax either way; proper people do.
          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


            #6
            Re: council tax on HMO as per Wick's post.

            If an HMO is a house of converted flats, each with their own council tax band, would it not be the responsibility of each tenant and not the LL or freeholder.
            ASSUME NOTHING - QUESTION EVERYTHING!

            Comment


              #7
              If flat separately listed for CT, it's not a HIMO is it?
              In that case, refer to s.6 of Local Government Finance Act 1992. Its table shows liability categories in descending order.
              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


                #8
                Originally posted by jeffrey View Post
                If flat separately listed for CT, it's not a HIMO is it?
                In that case, refer to s.6 of Local Government Finance Act 1992. Its table shows liability categories in descending order.
                I hope you're right. However, my council seems to think that the building is, not the individual flats.
                ASSUME NOTHING - QUESTION EVERYTHING!

                Comment


                  #9
                  Definition of HMO for council tax purposes is entirely different from HMO definition under the Housing Act 2004.

                  For council tax purposes, an HMO is not implied where everyone is on one contract. Where individual rooms are let, then the property is an HMO. This is different to the Housing Act 2004 definition where if a property is inhabited by more than two unrelated people, then it is an HMO regardless.

                  How do we know this? Because it quite clearly states at the top of the Housing Act 2004 that the definition of HMO relates SOLELY to that Act and no other.


                  The hierarchy of liability:
                  To establish who the person is who is liable for the payment of Council Tax, there is a set 'hierarchy'.

                  This hierarchy is set down below; look down the list and as soon as you reach a description that applies to a person in your home, they will be the person liable for the Council Tax.

                  A resident freeholder (so for owner-occupied property the owner is liable)
                  A resident leaseholder (this includes assured tenants under the housing act 1988)
                  A resident statutory or secure tenant
                  A resident licensee
                  A resident
                  The owner (this applies where the dwelling has no residents)

                  A resident is a person of 18 years or over and lives in the dwelling as their only or main home.


                  In some cases, it is the owner, not the residents, who has to pay the Council Tax - as detailed below.

                  If the owner lives in the same property as their tenant (a lodger for example), only the owner would be made liable for Council Tax.

                  Houses in multiple occupation (HMO's):
                  Dwellings that are occupied by more than one household, where residents pay rent separately for separate parts of the property. An example of such cases would be hostels and groups of bed sits.

                  If the Council feels that the parts of the property that are subject to separate tenancy agreements are capable of separate beneficial occupation, an application may be made to the Listing Officer to have each part of the property separately banded.

                  Other cases where the owner is liable:

                  Residential care homes, nursing homes, mental nursing homes or certain types of hostel providing a high level of care.
                  Religious communities such as monasteries or convents.
                  A dwelling which is not the owner's main home, but which is the main home of someone whom the owner employs in domestic service.
                  Vicarages and other dwellings where a minister of religion lives and works. (Where the owner-occupier is a Church of England minister of religion, the Church is responsible for the bill.)
                  Dwellings occupied only by Asylum Seekers. (This is only effective from 1 April 2000)



                  Joint and Several Liability
                  In certain cases, more than one person may be jointly liable for Council Tax in respect of a property. This applies to the following:

                  Persons with the same interest in the property, according to the hierarcy of liability as shown above.

                  And to Dekaspace, no-one can be rushed into anything without their permission. If a place is horrible, then don't move in.

                  Comment

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