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Moving into boyfriend's flat with all students

Hiya,

I hope you could clear something up for me.

I'm planning to move into my boyfriends flat with his friends. They are all students and I work full time. Although I live out of town as a lodger at a family friends' house and can commute to work, it is a lot more convenient to move in to my bf's(in town). I understand that I have to pay council tax for the whole household (at a 25% discount). but would I have to go through the agents to formally move in? or can I go straight to the council? Its just that they charge so much for character/credit checks etc...and I only want to move in until september when I go to uni.
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Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There are two totally separate issues here.

    Council tax is one - if you occupy the place, it doesn't matter whether you have an official agreement with the LL/A or not, you will still need to register and pay.

    Having an official tenancy agreement is the other. This is between you and the landlord (and his agents, who represent him but otherwise have no legal relationship with you as a prospective tenant).

    The landlord can make you a permitted occupier - that means give permission for you to reside in the house but not award you any tenancy. Or they can insist on making you a formal tenant. The latter is more likely as otherwise the informal situation can cause all sorts of legal issues in difficult situations.

    It's then up to the LL/A whether to reference you or whatever they want. And they probably will want to.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    To be honest, I wouldn't formally move in if you're only going to be there until September. Most tenancy agreements include "jointly and severally" clauses which could make you personally liable for one or any of the other tenants' rent should they move out or default, plus the agents could charge you a nice, fat fee for adding you to the current tenancy agreement or even drawing up a completely new one. This would seem a huge responsibility for someone only planning to live there for about four months. How about lodging there as an unofficial paying-guest and making a contribution towards all of the other tenants' rent instead if they are all agreeable?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you were lodging there and the prooperty is your sole or main residence then you would still be liable for the council with a 25% discount.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Eton_Rifle
    Eton_Rifle Posts: 372 Forumite
    Have you made an agreement with the other students concerning the new division of utility bills?
  • yukinko
    yukinko Posts: 2 Newbie
    To be honest, I wouldn't formally move in if you're only going to be there until September.
    I know it does seem a little silly, but
    • I spend a lot of time there already
    • my commute isn't worth it really(its stressful/long/expensive)
    • it just makes it a lot simpler after a lot of thought, just things like allocation for student accomodation later on, applying for student loans etc.
    Most tenancy agreements include "jointly and severally" clauses which could make you personally liable for one or any of the other tenants' rent should they move out or default, plus the agents could charge you a nice, fat fee for adding you to the current tenancy agreement or even drawing up a completely new one. ... How about lodging there as an unofficial paying-guest and making a contribution towards all of the other tenants' rent istead if they are all agreeable?
    I don't think I'm allowed to be a paying guest(it says in the contract), or for him to sublet( but I didn't think it counted as subletting). The agents manage it and they are the ones that we have to go through if I formally want my name to be on there as a tenant. I was just wondering if I would get in trouble if I just payed council tax and told the council and didnt tell the agents... The guys who live there already are fine with that as long as they dont get in trouble and as long as my bf and I, as a couple, pay for any extra bills.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The problem with admitting to the Local Authority that you are living there permanently and therefore liable for CT is that when you leave in September and need the account closed they will be looking to you to supply a copy of your rental agreement to confirm the date of the end of your tenancy. Which you won't have. This could cause all sorts of unwanted and unpleasant financial complications for you, all for the sake of being with your BF for four months or less.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    yukinko wrote: »
    • it just makes it a lot simpler after a lot of thought, just things like allocation for student accomodation later on, applying for student loans etc.

    Why is that different depending on where you live?

    Keep it simple BF pays his way you happen to be a regular guest.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Depending on the makeup of the house (number of people, floors, region), it's possible that the house is then illegal for the total number of people in it, based on how many loos/showers/baths it has, as well as how many cookers and how much worktop space. HMO regulations.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Temp people don't count for HMO rules from what I have read.

    As long as they have a main home elsewhere.
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    Is it a wise move with all the other tenants being students and you working full time.

    Students tend not to keep regular hours which may interfere with your sleep patterns.
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