Are lodgers directly liable for council tax?

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    Are lodgers directly liable for council tax?

    Hi all, I was wondering if you could help me.

    My fiancée and I are lodgers, we rent 2 individual rooms of a flat and we both have a "License Agreement For Lodger". The owner/landlord also lives in the flat and he is a student, so he is not liable for council tax.
    As far as I understand from my lodger's license agreement, I am liable to "make a proportionate contribution to the cost of all charges in respect of any electricity, gas...............and council tax or any similar tax that might be charged...".

    Do my fiancée and I need to pay council tax? Do we only need to pay it when our landlord/flat-mate becomes a non-student? My aunt, who is herself a landlady, tells me that I should not be paying council tax unless my flatmate is because I am only a lodger and not a tenant.

    Finally, do these laws and things vary between different city councils? I am in Edinburgh, Scotland, so I have no idea whether it's different up here than it is down in England.

    Thank you so much in advance.

    -Tom

    #2
    If you cut and paste your query in the Scottish forum (further down the home page), someone knowledgeable will I'm sure be able to help you.
    '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

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      #3
      Done, thanks

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        #4
        Non-scottish reply.

        Your landlord will not be getting free council tax if you are living there, in fact with 2 persons, it will be full council tax.

        Therefore, although you are not directly liable to the council for council tax (ie the council won't prosecute you as you have no liability), you would seem to have a contractual liability to your landlord.

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          #5
          Originally posted by Snorkerz View Post
          Your landlord will not be getting free council tax if you are living there
          Even if he is a 22-year old full-time student? I know that lodgers will affect the single-person discount for the landlord, but does it really also affect council-tax exemption?

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            #6
            Originally posted by GruntGuy View Post
            Even if he is a 22-year old full-time student?
            No, because two of the three (adult) occupants of the house are not students.

            If he were living there alone as a student, then yes, he would be exempt. If all three of you were students, yes, you would all be exempt.

            But if at least one occupant is not a student, the LL is liable for council tax. Whether and how he collects contributions from the non-students is up to him. Some LLs just factor it into the rent paid by the other Ts (or his lodgers if he's a resident LL). In your case it sounds as though he has made it a condition of your tenancy as lodgers that you pay a contribution directly.
            '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

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