HMO + Council tax + dodgy Landlord + dodgy tenant. Need help to avoid losing deposit

snapcracklepop · 7 January 2007 at 7:39PM

I live in a shared house with a chineseman, we both have single tenancies.

Council tax

The chineseman is moving out at the end of January, however he didn't pay rent for January. The landlord has witheld his deposit for it.

I'm in receipt of income support and would get council tax benefit but unfortunately I told the council he's living in the house as a single tenant, at which point the council put the council bill in the landlords name and have deemed it a HMO.

I indemnify the landlord against costs incurred for council tax so I must pay council tax to the landlord. I will not do this but the landlord will withhold my deposit (£240) to pay the council tax It's about £90/month. This is very unfair as the chineseman pays nothing and goes off to China.

Utilities

To make matters worse the chineseman refuses to pay utility bills

What should I do? I don't have the money to pay his bills, thankfully I'm moving out at the end of January too.

Herb · 7 January 2007 at 10:34PM

Before I could possibly reply I would need to know what nationality you are. Otherwise I don't think we are getting the full picture.

clutton_2 · 7 January 2007 at 11:04PM

this makes no sense as it stands - 2 individuals in one house does not, definitely not, make it a HMO

snapcracklepop · 8 January 2007 at 12:47AM

Thanks for the replies.

What difference does my nationality make? For the record I'm british, born here.

The whole business with HMOs is incrediably frustrating because of indemnity against costs incurred due to HMO status in student houses.

It's abit too late for me to read the housing act but from memory, having single tenancies means we do not form a single household (because we have single tenancies and there are lockable doors ont he rooms) and therefore under the housing act 2004, we live in a HMO.

If this weren't the case, why is the landlord getting the council tax bill? It's because when I claimed housing benefit they asked me about the finances of the chinese guy. I told them I couldn't provide it, and immediately they considered us "seperate families" under the definition of HMO in the housing act.http://www.opsi.gov.uk/ACTS/acts2004/40034--s.htm#258

Herb · 8 January 2007 at 12:52AM

snapcracklepop wrote:

What difference does my nationality make?

none - that was my point

snapcracklepop · 8 January 2007 at 12:56AM

From my expereince I guess my nationality would make a huge difference here.

From my experience, it's incrediably hard to get through to some chinese people. I stayed with one last year who could barely understand a word of English yet was doing an MSc at a top 20 uni. Clearly nationality is part of the problem. Even without this barrier he has the option to disappear abroad and leave people jointly and severelly liable for his debts. English people rarely have such a problem and can be chased much more easily for outstanding debts.

lynzpower · 8 January 2007 at 7:02AM

I know you are probalby new here, so Ill go easy, but please be careful about how you describe your co-tenant, as we dont want this post pulled due to (percieved, intended or otherwise) racism. So do tread carefully.

I thought that HMO had to be more than 2 households- not 2?

The issue at the crux of this whole situation I feel is this

indemnify the landlord against costs incurred for council tax so I must pay council tax to the landlord. I will not do this but the landlord will withhold my deposit (£240) to pay the council tax It's about £90/month. This is very unfair as the chineseman pays nothing and goes off to China

1) what do you mean indemnify?
2) if you are on income support, wouldnt you get council tax benefit? Did you apply for this, what was the outcome?

lynzpower · 8 January 2007 at 7:04AM

Also to say you shouldnt be paying 90 a month, thats 160 on a 2 bed property. Personally, Id say thats way too high. However, is you are a single "household" you MAY be able to get single persons discount, which should have been less in any case.

have you got an EXACT figure from the Council tax dept?

If they wont speak to you as the LLs name is on the account, its the LLs problem not yours, I would have thought.

lynzpower · 8 January 2007 at 7:06AM

and then it looks like it off to the small claims court for you to claim back your deposit if its been unlawfully withheld.

the "chineseman" has nothing to do with this really as far as I can see, your landlord is liable for the CT - as the council have put his name on the bill.

snapcracklepop · 8 January 2007 at 11:36AM

Hi,

To answer your questions,

1. To protect against damage, loss, or injury; insure.
2. To make compensation to for damage, loss, or injury suffered.

In the contract the tenants agree to pay council tax to the landlord if he is asked to pay by the council, i.e- they indemnify him against such costs.

This is standard for student tenancy agreements. The tenancy agreement is drawn up by the university.

The council tax is ~£90/month because the chinese guy (or should I say foreign guy, although there is nothing wrong with stating facts) the chinese guy has no intention of paying the council tax and will soon go to China.

The tenants indemnify the landlord against costs incurred under the local government finance act, they are jointly and severelly liable to the landlord which means if the landlord can't get one of the tenants to pay a portion he will chase the others for the money.

I have just had a long chat with the council, where they have stated that they will not put the council tax bill in my name as I do not occupy the whole of the property (locked doors) and there two single families in the property. They said about a million times, that I'm living in a HMO.

The chineseman has alot to do with this for me as him being in the property is the reason why it's classed as a HMO and the reason why I quite likely will have to pay double the amount of council tax to my landlord.

clutton_2 · 8 January 2007 at 11:40AM

i am sorry to say that you will have to pay it then. these were the terms and conditions of the agreeement, surely you read it before you signed it ? if not, then ...........

HMO + Council tax + dodgy Landlord + dodgy tenant. Need help to avoid losing deposit

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