council tax query?

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  • council tax query?

    Hi i am hoping someone on here can help with a huge problem that does not seem to be getting sorted.
    i live in a rented house with 2 other students (i am a student) and my partner who is not a student, we rent through a student letting office. when we looked into renting this house the office told my partner he would have to sort out the council tax himself - this is fie and fair. however it came to light a few months ago that he was paying council ta for 75% of the house and not the 25% that he in theory is renting - the house is multiple occupancy locks on bedroom doors etc.
    we went to the ocuncil and they are saying that my partner shouldnt be paying any of the tax, it is down to the landlord.
    does anybody know what should really be happening, it seems nobody here really knows? thanks in advance, rharn15.

  • #2
    Now that is a scary question!!

    Normally, tenants are responsible for their own council tax. How this applies to a students or anyone else in a registerable HMO is a very interesting question and I await the resident gurus' response to this.
    ASSUME NOTHING - QUESTION EVERYTHING!

    Comment


    • #3
      me too!
      it is scary, and to be honest im not sure the council here or leting office etc come accross this type of situation often.
      our main problem is that we dont see why mypartner should be paying tax on practically the whole house!

      Comment


      • #4
        Still thinking about this one.

        So, as far as the student letting office is concerned, they have arranged the letting for three students. You have included your partner, who is not a student. The student letting office has said basically that is not our concern re: the council tax, as students don't pay council tax. Fare enough.

        You have now approached the council telling them one person is not a student. The council has now said that because of this there is no longer an exemption on the house and since only one person is liable for the tax, we will give you a 25% discount on the property. Therefore, the property has now gone to 75% liable from 0% liable.

        Is your partner on the lease with the owner's knowledge that your partner is not a student? If not, then your partner would be liable for the council tax bill and, if your lease says you are liable, then the owner has the right to pass that obligation on to you jointly and severally anyway.

        Basically, thinking out loud here, so someone please offer your thoughts on the matter.
        ASSUME NOTHING - QUESTION EVERYTHING!

        Comment


        • #5
          I can only assume that the landlord must know my partner is not a student. the house is 4 bedrooms and there are four of us, he is on the lase, pays rent etc all exactly the same as the rest of us he just isnt a student. one of the very first things we told the office was that he was not a student (some other companies only rent to all students) so i assume they passed this on to the landlord - saying that i am not convinced they did as nothing has ever been said and there is nothing in his contract or anything - his contract is the same as the rest of ours.

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          • #6
            This thread may be of interest

            http://www.landlordzone.co.uk/forums...tudent+council
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

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            • #7
              that thread was really useful, thanks.
              do you or anyone else know where i would find it written in stone that the landlord is always responsible for council tax? this would help me with our claim.
              thanks.

              Comment


              • #8
                Originally posted by rharn15 View Post
                that thread was really useful, thanks.
                do you or anyone else know where i would find it written in stone that the landlord is always responsible for council tax? this would help me with our claim.
                thanks.
                See my post this afternoon re Council Tax on empty property. The LGF Act reference should help.
                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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                • #9
                  I had a similar situation. Rented a house on my own why a student and didnt pay any council tax. Moved in to a new house with a none student friend, now liable for 75% council tax.

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