Student trying to get out of a tenancy agreement

bitsandpieces

Isn't council tax going to be a big issue? When one non-student moves in, the council will bill for council tax on the house (minus a 25% discount, if only 1 non-student there). Can be a lot of money :eek:

DVardysShadow

bitsandpieces wrote: »

Isn't council tax going to be a big issue? When one non-student moves in, the council will bill for council tax on the house (minus a 25% discount, if only 1 non-student there). Can be a lot of money :eek:

Interesting. I suppose more grounds for it to be unacceptable to put new tenant in without consent of all parties. I think that the least of the OPs' problems is the smoking - and this issue impacts all of the original tenants.

AmyDee_3

Regarding the council tax, the estate agents told me that only the professional would be liable for it, as far as I know though, they havn't given her name to the council.

I think I might have to contact citizens advice then, because I'm stuck for what to do.

AmyDee_3

I've just written a letter/email to the landlord which I am going to send once I get their details from my estate agents as we have never been given them. I might include the asthma thing, as I do genuinely have asthma and I also suffer from chest infections and the smoking really doesn't help. I am asking to pay one months rent and any fees to help find a new tenant if I canbe released from the contract, hopefully the LL will understand and maybe release me knowing I'm paying rent and someone else could also pay rent for that month (surely 2 lots of rent would be better than mine).

DVardysShadow

AmyDee wrote: »

Regarding the council tax, the estate agents told me that only the professional would be liable for it, as far as I know though, they havn't given her name to the council.

I think I might have to contact citizens advice then, because I'm stuck for what to do.

Dare I suggest you seek alternative advice? The Agent is going to tell you the most soothing thing. Get it from them in writing - go on, try it.

RobertoMoir

AmyDee wrote: »

Regarding the council tax, the estate agents told me that only the professional would be liable for it, as far as I know though, they havn't given her name to the council.

I think I might have to contact citizens advice then, because I'm stuck for what to do.

Perhaps you might also contact the council about the council tax. Not to shop the unwelcome tenant of course, but simply because you're concerned about your own council tax liability now that someone in full time employment is living there. If you see what I mean.

DVardysShadow

RobertoMoir wrote: »

Perhaps you might also contact the council about the council tax. Not to shop the unwelcome tenant of course, but simply because you're concerned about your own council tax liability now that someone in full time employment is living there. If you see what I mean.

I would be cautious about this. I had thought of making the suggestion, but of course if the understanding of how it works is wrong, the OP could end up shopping herself.

RobertoMoir

DVardysShadow wrote: »

I would be cautious about this. I had thought of making the suggestion, but of course if the understanding of how it works is wrong, the OP could end up shopping herself.

Fair point but there's 2 ways of looking at this

Either the OP isn't liable for council tax as a full time student (as I believe to be the case), or as I should say, the dwelling isn't liable...

OR they are liable... either way, I'd suggest this is a problem that should be addressed now by a phone call to the council rather than later via the medium of hacked off bailiffs.

blckbrd

Agent's talk some twot don't they??!! 'Joint and several' refer to liabilities under the joint tenancy not to creating a totally new joint tenancy with a set of tenants that differs from those who originally signed.

If there is a new agreement, with your name on it, but not you signature, I would argue that you have no liability as you are not party to the new contract.

Did the agents/landlord serve notice to terminate the original tenancy? If they did, they can't just arbitrarily sign you up to a new agreement/contract. If they didn't, a new party to the agreement cannot be imposed on you without your consent. Things ought to be clearer once you get the paperwork.

Additionally, qualifying (exempt) students are ignored for Council Tax calculation. The 'professional' would probably get the 25% discount but certain has sole liability. Excerpt below from Direct Gov website:
Working out who is ‘counted’ for Council Tax purposes

A full Council Tax bill is based on two adults living in a household - if there’s fewer than two, the household can get a discount.
For Council Tax purposes, certain types of people aren’t ‘counted’ towards the number of adults in a household - the bill is worked out as if they weren’t living there. This includes individuals who are:

• considered a full-time student for Council Tax purposes (see the section above on ‘Working out if you’re a full-time student for Council Tax purposes’)
• doing a course which leads to a first registration as a nurse or midwife
• doing an Apprenticeship which leads to a qualification recognised by the Qualifications and Curriculum Development Agency - provided they don’t earn over a certain amount (currently £195 per week)
• under 25 and in a recognised form of full-time training funded by the Learning and Skills Council

RobertoMoir

blckbrd wrote: »

Agent's talk some twot don't they??!! 'Joint and several' refer to liabilities under the joint tenancy not to creating a totally new joint tenancy with a set of tenants that differs from those who originally signed.

If there is a new agreement, with your name on it, but not you signature, I would argue that you have no liability as you are not party to the new contract.

Did the agents/landlord serve notice to terminate the original tenancy? If they did, they can't just arbitrarily sign you up to a new agreement/contract. If they didn't, a new party to the agreement cannot be imposed on you without your consent. Things ought to be clearer once you get the paperwork.

Additionally, qualifying (exempt) students are ignored for Council Tax calculation. The 'professional' would probably get the 25% discount but certain has sole liability. Excerpt below from Direct Gov website:
Working out who is ‘counted’ for Council Tax purposes

A full Council Tax bill is based on two adults living in a household - if there’s fewer than two, the household can get a discount.
For Council Tax purposes, certain types of people aren’t ‘counted’ towards the number of adults in a household - the bill is worked out as if they weren’t living there. This includes individuals who are:

• considered a full-time student for Council Tax purposes (see the section above on ‘Working out if you’re a full-time student for Council Tax purposes’)
• doing a course which leads to a first registration as a nurse or midwife
• doing an Apprenticeship which leads to a qualification recognised by the Qualifications and Curriculum Development Agency - provided they don’t earn over a certain amount (currently £195 per week)
• under 25 and in a recognised form of full-time training funded by the Learning and Skills Council

This is an interesting point that the OP could exploit. The extract you posted from direct.gov shows that there is an exemption from C'tax for full time students, as we know, but it doesn't say who is liable and if she doesn't follow the link and read the other stuff that clears that up, she could be left anxious and needing clarification.

It's a fact that council tax is assesed on the property not individuals (e.g. it isn't the poll tax) so there's a question here as to who would be held liable. I would suspect the LL ought to be in this case due to the type of agreement (albeit a half-assed one) in place with the tenants, but its a fair question and a "honest and upstanding citizen who isn't trying to cause trouble, honest" could be forgiven for ringing the council and asking for clarification under the circumstances, I think. And if they end up causing so much trouble in doing so that the LL ends up letting them out of the tenancy just to be rid of them, well thats just a happy coincidence.