Subletting & Council Tax

JamesBlakely

Ok, here's my situation. I started a contract in September for 12 months with 3 other students in a flatshare. We all got council tax exemption due to our student status. I then left uni and am no longer a student and so am liable for council tax. Because I couldn't afford the extra £100 a month I am legally subletting my room with permission from my landlord for the remainder of the contract and I am living back at home. Is this all legitimate? Or because my name is still on the contract can I be investigated for council tax dodging as they may think I am still living there? Please help put my mind at ease!

princeofpounds

Technically it depends on the council, who should publish a schedule of liability, which is basically a ranking of who needs to pay.

However you very likely don't need to worry - occupants are normally the first people liable for tax.

Just be aware that if you do get in trouble it might be more difficult to prove you were not the occupant without evidence, that's all.

JamesBlakely

Thankyou for your quick reply!

I'm currently getting a contract drawn up from my landlord which both myself and the sub tenant will have to sign. Will this be evidence enough do you think?

princeofpounds

Probably yes. Just make sure you check your council's website re the rules and remember to de-register for council tax.

Yorkie1

Is the sub-letter a student? If so, then the exemption will apply to them and, provided you have the evidence that you were not resident once you stopped being a student, I imagine that that will suffice.

CIS

Ok, here's my situation. I started a contract in September for 12 months with 3 other students in a flatshare. We all got council tax exemption due to our student status. I then left uni and am no longer a student and so am liable for council tax. Because I couldn't afford the extra £100 a month I am legally subletting my room with permission from my landlord for the remainder of the contract and I am living back at home. Is this all legitimate? Or because my name is still on the contract can I be investigated for council tax dodging as they may think I am still living there? Please help put my mind at ease!

If you have left the property and sublet your room then the remaining tenants are liable for any council tax due on the property.

If the lodger is not a student then the tenants, although they are students, would be liable for the 75% council tax charge which would then be due.

katejo

Why did you take out a 12 month contract with the other students if your time as a student was only going to be for another couple of months?

I also query why the remaining students should have to pay council tax when they are sharing a house with a working lodger. Surely the working lodger would pay (with a 25% discount as the only working person)? If I let my spare room to a student, I keep my single person discount provided that the student has a council tax exemption certificate from their uni.

CIS

I also query why the remaining students should have to pay council tax when they are sharing a house with a working lodger. Surely the working lodger would pay (with a 25% discount as the only working person)?

In any occupied property then the occupiers with the highest interest are liable for any council tax due (s6 of the LGFA 1992). The lodger has a lower interest in the property than the resident tenants and any charge due falls on the tenants due to them having the higher interest.

If I let my spare room to a student, I keep my single person discount provided that the student has a council tax exemption certificate from their uni.

Thats because your talking about the charge to pay and not the liability - you have the higher interest in the property and so would be liable in this case (even if you were a student) - but you get the 25% discount as all occupiers are considered when determining the charge to be be paid,