council tax query?

  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.


    • #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!


      • #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.


        • #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.


          • #6
            This thread may be of interest

            All posts in good faith, but do not rely on them

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

            You can search the forums here:


            • #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.


              • #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.
                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
                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).


                • #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.


                  Latest Activity


                  • Mice in the flat - what to do?
                    We have had mice for a while now. There's only one or two that we see (we're not overrun) but still, they've left urine stains in our cupboard and behind the skirting it's ridiculously filthy and soiled.

                    Are we legally able to pay for a cleaner then subtract it from our rent next month...
                    26-07-2017, 06:02 AM
                  • Freeholder Scaffolding Over My Flat
                    I have a leasehold studio flat with a garden in London that I rent out to tenants.
                    Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
                    24-07-2017, 21:20 PM
                  • Reply to Freeholder Scaffolding Over My Flat
                    Are you effectively saying it is standard for a freeholder to have access to build?
                    I have looked at the lease, can anyone advise on someone that make the lease clear to me?...
                    26-07-2017, 06:01 AM
                  • Tenant application form
                    Hi all!

                    So we are just about to put our flat on the market to rent is there anywhere we can get a ODF application form that we can email to any prospective tenants?

                    Thanks in advance,

                    25-07-2017, 20:14 PM
                  • Reply to Tenant application form
                    You really need two forms.
                    a) A simple one for first-pass selection containing your basic questions. The point of this one is to help you decide if you are going to waste any time at all (and the tenant's time), even on a viewing.
                    b) A much more complicated one (have you ever failed to leave...
                    25-07-2017, 23:54 PM
                  • Reply to Freeholder Scaffolding Over My Flat
                    I would expect any competent solicitor to have drafted the lease to give as many rights of access for building and repair as the freeholder was likely to want. You'd need to look at the lease to know.
                    25-07-2017, 22:57 PM
                  • Non- protected deposit, and disputes
                    Q1 – Where is the rented property located? England

                    Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

                    Q3 – What date did current TA start 01/11/2016

                    Q4 – How long was initial fixed term 6 months
                    24-07-2017, 12:25 PM
                  • Reply to Non- protected deposit, and disputes
                    If by that you meant that an application have been made for voluntary striking off the company from the register, then you need to contact Companies House to object to it on the grounds that 1) it has traded or otherwise carried on business within the last 3 months 2) that you are a creditor and that...
                    25-07-2017, 22:55 PM
                  • Burglary Damage - Who Pays?
                    Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
                    25-07-2017, 11:40 AM
                  • Reply to Burglary Damage - Who Pays?
                    Would the same ring true if a tree had crushed the roof? Or some non-act of God event? Surely there is a limit to where the tenants responsibility ends and the landlord's begins?...
                    25-07-2017, 22:07 PM