council tax questions

sol198

hi my local council seem to have got me in a bit of a tizzy,

in my rented flat there were 2 full time students, after we moved in the tax exemption certificates from the uni were posted as soon as the course was started and they were received by the council. one full time student (my friend) left the property in january to move in with a partner leaving the one student (me) in the property.

a demand has came in for council tax for the past year so a letter has been sent to them reminding them of the fact that exemption certificates had been sent and also how they were notified of my friend moving out.

they have now sent a letter with 3 questions and these are as follows....
(the tennants will be called 1 and 2)

Q1 did 1 and 2 have access to the whole property?

Q2 did the bedrooms 1 and 2 occupy have locks on the doors?

Q3 when 1 left did 2's rent increase due to having access to all rooms in the property.

my honest answers are

Q1 yes, two friends with no secrets so no need for private areas in the flat
Q2 no,I really couldnt sleep in a locked bedroom in case of fire( just a quirk of mine)
Q3 Yes I took on the whole flat by myself as i was really happy being there as i did not want to move given it was a crucial stage in my degree, i was given the option to move as it was a rolling contract after an initial short assured tenancy agreemnt of 6 months but as i coudl just afford it I wanted to stay

im in scotland in a two bedroom flat by the way

I was under the impression that students did not pay council tax and as ive taken on the whole property i think paying the full council tax would be a stretch too far on my own particularly while i am still a student and have been for the last two years on a 4 year course, I dont know why they are wanting council tax now?

any help appreciated

thanks

sol198

im off for a bit so feel free to drop me a pm

thanks

Lokolo

I think they maybe think someone else has moved into the property after 1 left and it hadn't been declared. (even though you didn't need to as no-one had)

CIS

Those questions are the standard ones we ask to determine if a property is a Council Tax HMO - if all occs are F/T students then a Class N exemption applies however if its an HMO the exemption can still be awarded but the landlord is the liable person and must be billed as such.

If its an HMO then any periods that are chargeable are the landlords responsibility and not the tenants so they are checking who should be billed.

John_Pierpoint

What are the HMO rules these days - I thought that even in Scotland two friends could share and live as a single household?

CIS

What are the HMO rules these days - I thought that even in Scotland two friends could share and live as a single household?

For council tax HMO's is not just based on individuals living together in a household, its more on the type of property and the terms of the tenancy.

If the correct terms are met then a single occupier in a property can still make a Council Tax HMO.

The actual definition is this:

Houses in multiple occupation, etc Class C a dwelling inhabited by persons who do not constitute a single household, each of whom either-

(a) is a tenant of, or has a licence to occupy, part only of the dwelling; or

(b) has a licence to occupy but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of the dwelling as a whole.

anniecave

sol198 - I think the council are just checking up on what's going on.

If you now are sole occupant of the entire property and are a student then no you shouldn't be paying any council tax

If you are sole name on the tenancy agreement for the flat then it's not a HMO.

CIS

If you are sole name on the tenancy agreement for the flat then it's not a HMO.

It depends on the wording of the tenancy agreement and the status of the property as to whether its an HMO however its a moot point at this stage if the OP is a F/T student.

John_Pierpoint

CIS wrote: »

For council tax HMO's is not just based on individuals living together in a household, its more on the type of property and the terms of the tenancy.

If the correct terms are met then a single occupier in a property can still make a Council Tax HMO.

The actual definition is this:

"Bed sit" with a lock on the door especially if fitted with its own cooking and washing facilities.

lincroft1710

John_Pierpoint wrote: »

"Bed sit" with a lock on the door especially if fitted with its own cooking and washing facilities.

If it also had its own WC this bedsit would have its own CT band.

Owain_Moneysaver

CIS wrote: »

For council tax HMO's is not just based on individuals living together in a household, its more on the type of property and the terms of the tenancy.
If the correct terms are met then a single occupier in a property can still make a Council Tax HMO.
The actual definition is this:

The definition you quoted is from The Council Tax (Liability for Owners) (Amendment) Regulations 1993 which apply to England and Wales only.

In Scotland the Civic Government (Scotland) Act 1982 sets out a general system for licensing a range of activities. The Licensing of Houses in Multiple Occupation Order 2000 as amended added mandatory licensing where a property is in multiple occupation.

An HMO is a house or flat which is the only or principle residence of three or more people from three forming three or more 'family' units.
A 'house' includes any part of a building occupied as a separate dwelling. The legislation covers houses, flats, bedsits and also all residential accomodation including hostels, student halls of residence, staff accomodation in hotels or hospitals.