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  • FIRST POST
    • slenderkitten
    • By slenderkitten 2nd Sep 17, 12:27 PM
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    slenderkitten
    Renting in shared accommodation
    • #1
    • 2nd Sep 17, 12:27 PM
    Renting in shared accommodation 2nd Sep 17 at 12:27 PM
    I live in a two bedroom flat in Scotland, environmental health are not going to class it at hmo. I work and a newish tenant is a student will I be paying for half council tax and they pay other half only or do I pay full rate, my bedroom door has no lock the other one does have a lock.

    Can anyone advise on this?
    My Signature is MY OWN!!
Page 3
    • getmore4less
    • By getmore4less 3rd Sep 17, 3:19 PM
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    getmore4less
    Might not go down well with the LL if you go to the council explain the situation, if they agree it is a CT HMO they should refund the CT you have paid(no idea how far back they will go).

    Then the LL will get the bill and have to sort it out.
    • 00ec25
    • By 00ec25 3rd Sep 17, 3:25 PM
    • 5,321 Posts
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    00ec25
    Might not go down well with the LL if you go to the council explain the situation, if they agree it is a CT HMO they should refund the CT you have paid(no idea how far back they will go).

    Then the LL will get the bill and have to sort it out.
    Originally posted by getmore4less
    exactly, hecne back to the start , what is it that the Op wants as the outcome?

    a) make his tenancy legal (AT5 issue, future eviction issue, council tax liability issue)
    or
    b) carry on with the currently invalid position where he thinks he is liable for council tax and so must now pay an extra 25% as the student is not liable because the student is ignored so there is no one to "share" the bill with.
    The OP has no contractual relationship with the student as it appears they are both on individual contracts (hence a council tax HMO has been created but ignored by the LL through ignorance or design) so the OP cannot force the other tenant to pay anything towards CT at all even if the student's contract says so
    • slenderkitten
    • By slenderkitten 3rd Sep 17, 3:40 PM
    • 899 Posts
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    slenderkitten
    i havent done anything this has all happened very recently. i am yet to see council about notice.

    no the environmental health was sent round to determine if it was HMO, their letter states that it is not. landlord has not been declaring people living here.

    i haven't heard from council tax department manager as yet so will see what is going on tomorrow.

    my query is regarding the student as originally mentioned will i have to pay more of the 50% council tax i was already paying.
    My Signature is MY OWN!!
    • Lunchbox
    • By Lunchbox 3rd Sep 17, 4:01 PM
    • 159 Posts
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    Lunchbox
    It is not an Environmental Health HMO, but regardless of this it IS a council tax HMO which means your landlord, not you, is liable for the council tax.
    • getmore4less
    • By getmore4less 3rd Sep 17, 4:12 PM
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    getmore4less
    What has the council got to do with notice?
    • slenderkitten
    • By slenderkitten 3rd Sep 17, 4:14 PM
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    • 186 Thanks
    slenderkitten
    What has the council got to do with notice?
    Originally posted by getmore4less
    housing department i will have to show it to them
    My Signature is MY OWN!!
    • slenderkitten
    • By slenderkitten 3rd Sep 17, 6:25 PM
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    slenderkitten
    i forgot to ask, just out of interest, if landlord is liable for council tax does he not pay for anyone who is claiming benefits, or is a student in his properties? and does he pay for the whole year or monthly installments?

    Also the landlord took only one of the bedroom locks off, anyone know why this is the case is this something to do with HMO as well?
    My Signature is MY OWN!!
    • Dorian1958
    • By Dorian1958 3rd Sep 17, 6:30 PM
    • 90 Posts
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    Dorian1958
    The landlord of an HMO (such as in your case) is responsible for paying the council tax, whoever is living in it is irrelevant, on benefits, students whatever, it's down to the landlord.
    • Dorian1958
    • By Dorian1958 3rd Sep 17, 6:32 PM
    • 90 Posts
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    Dorian1958
    As for how the landlord pays it - up to the landlord. I once lived in a n area where the council gave a small discount for paying the whole year up front, don't know if that happens these days, certainly not where I live now.
    • slenderkitten
    • By slenderkitten 3rd Sep 17, 6:34 PM
    • 899 Posts
    • 186 Thanks
    slenderkitten
    The landlord of an HMO (such as in your case) is responsible for paying the council tax, whoever is living in it is irrelevant, on benefits, students whatever, it's down to the landlord.
    Originally posted by Dorian1958
    what i was angling at if the any of his tenants are living alone getting single person discount, claiming full benefit or student does he still have to pay the full rate of tax?
    My Signature is MY OWN!!
    • 00ec25
    • By 00ec25 3rd Sep 17, 6:58 PM
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    00ec25
    housing department i will have to show it to them
    Originally posted by slenderkitten
    would you care to explain what is actually going on? You seem determined to ignore what we are asking you for so we can help you. This thread has all the makings of one that endlessly repeats itself and achieves nothing

    what i was angling at if the any of his tenants are living alone getting single person discount, claiming full benefit or student does he still have to pay the full rate of tax?
    Originally posted by slenderkitten
    why does it matter to you?

    have you read any of the links I've given you?

    have you read the website of your own council since you won't say which one it is?
    Last edited by 00ec25; 03-09-2017 at 7:27 PM.
    • slenderkitten
    • By slenderkitten 3rd Sep 17, 7:46 PM
    • 899 Posts
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    slenderkitten
    i have medical points

    well i am just trying to understand why he has put this student in if your saying i wont be liable will he not have to pay because the student would be exempt?
    My Signature is MY OWN!!
    • slenderkitten
    • By slenderkitten 9th Sep 17, 11:31 AM
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    slenderkitten
    I have been told that for council tax it will be classed as HMO. I am happy at that..is there any chance of getting money back?
    My Signature is MY OWN!!
    • HampshireH
    • By HampshireH 9th Sep 17, 12:34 PM
    • 190 Posts
    • 205 Thanks
    HampshireH
    I have been told that for council tax it will be classed as HMO. I am happy at that..is there any chance of getting money back?
    Originally posted by slenderkitten


    You were told that at the beginning of your post by several people.

    I suggest you put in a letter what your request is to the council and ask for a refund due to the fact that you have incorrectly received bills for CT you weren't liable to pay. Providing those bills were in your name.

    If not then you have no leg to stand on for a refund with the council as you have chosen to pay someone elses bill.

    I expect someone else is better placed to advise about you chasing your LL if you have been paying the CT to them but I expect that will be a small claims court which you would have to instigate and see through yourself
    • slenderkitten
    • By slenderkitten 9th Sep 17, 1:38 PM
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    slenderkitten
    I am merely stating what I have been told by the council until I came here I wouldn't have even known about that as the council made no mention of this to me.
    My Signature is MY OWN!!
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