Landlord has made the house 'a student house' to avoid paying council tax.

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    Landlord has made the house 'a student house' to avoid paying council tax.

    I found out my landlord has avoided paying council tax on a house by registering it as a student house. All of the tenants (7) are professionals apart from one. They told us council tax is included in the rent. However, none of us have a contract and I am paying on a month by month basis. If the landlord was ever found out would we need to pay the bill?

    #2
    Assuming you each have individual rental agreements, the landlord is responsible for paying the council tax.

    Whilst I'd like to suggest informing the council of the fraud, this might well result in a retaliatory eviction, and I don't think there is protecting for such evictions when not to do with serious building defects.

    When you say you don't have a contract, you really mean you don't have a written contract. You do have a contract, but it will be difficult to prove the details of that contract, although not that one exists.

    Comment


      #3
      Given that criminals tend to commit multiple crimes, you might also want to note that, if there are three or more storeys, it will be subject to Mandatory HMO licensing (many councils will make it subject to Additional licensing, without this condition. (There are plans to remove the three storey constraint, so if you stay, and I suggest you get out as soon as safely possible, it may become subject to Mandatory licensing, in about a year.)

      Also, it is a large HMO for planning purposes, so will require planning permission for sui generis HMO usage.

      Also, one of the main original reasons for HMO licensing was fire safety, and the are is good chance that there are fire safety breaches.

      Comment


        #4
        We don't have a written contract no. It was just verbal. And yes it is 3 storeys.

        The advertisement said everything was included and over the phone, they told me council tax was too. I am just worried that, if the council find out we as the tenants will have to pay as we have had no contract officially stating they would take care of the council tax.

        The other problem is they have my £300 deposit and it was done unofficially so it has not done through any scheme.

        Comment


          #5
          With 7 occupants it's a HMO (House in Multiple Occupation) and so the landlord is liable to pay council tax, not the tenants.
          It doesn't matter that you are not students, or what any contract says, the law says that the landlord is liable to pay CT on a HMO.

          If your deposit has not been put into one of the official schemes then you can claim up to 3x the deposit as a penalty from the landlord.
          https://england.shelter.org.uk/housi...nsation_claims

          As leaseholder64 says, this guy is deliberately breaking all kinds of rules and laws.
          The student thing for one is deliberate benefit fraud. (Yes, benefit fraud he's claiming a CT exemption he is not entitled to).
          When he gets caught, and he will, he's in for a hard, costly time which may well include a spell as a tenant of Her Majesty.

          If I were you I would be looking for somewhere else to live, then making a claim for non-protection of the deposit, then informing the council just what he is up to.

          Comment


            #6
            Many thanks for the info! That is very helpful

            Comment

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