Complicated Case - Student Council Tax

benham3160

Hi all,
Bit of a complicated question this one, so please bear with me.

I am a mature full time university student, my partner works full time and we are looking to rent a house/property around my university and my partner will be relocating her job here. This is a "relocation" rather than a student temporary residence, if that makes sense.

Either way, we are looking to rent what is being sold to us as an annexe on a property, (self contained unit within a larger home) there are five students who are renting the other portion of the house, and me and my partner will be potentially living in the self contained annexe.

What happens here with regards to council tax for my parter, I pray she isn't liable to pay council tax for the entire house (F/G band I believe, it's a huge house in a "nice" area) or does she never ask the question and see if it arises, or will she be liable for just our "annexe" (which is a single bedroom dwelling inside the house.) Is it usual for council tax to be included as part of rent?

I appreciate every case is different, and that the letting agent holds the answers, but I was just after a cursory response.

I hope my question makes sense!

Regards,
Andy

agrinnall

If the annexe has a seperate entrance with it's own address then it should have its own council tax bill - you should be able to check on the council's website. If that is the case then you will be exempt and your partner will qualify for the single occupant 25% discount.

Council tax would not normally be included in the rent where there is a normal rental agreement, the main part of the house may be a HMO in which case their rent could well include council tax (although if all tenants are students then the property as a whole is exempt).

dimbo61

As a couple you cant rent a " single" bedroom as it needs to be at least 10m2 and therefore a double room.
Its regarded as overcrowded if the room is smaller than this.
If there is only one postal address and one gas/electric meter then its part of the house and she may end up paying 75% of the council tax if the Council Tax people find out !

benham3160

The house in it's entirety is registered as an HMO according to the borough council website.

Where does this leave me, sorry I'm normally able to fend for myself on matters like this, however I'm a bit stumped on this stuff. I know I should trust the letting agent (and I have no reason not to) however I've been "shafted" for want of a better term for similar things before! - Once bitten.....

Regards,
Andy

anselld

benham3160 wrote: »

The house in it's entirety is registered as an HMO according to the borough council website.

Where does this leave me, sorry I'm normally able to fend for myself on matters like this, however I'm a bit stumped on this stuff. I know I should trust the letting agent (and I have no reason not to) however I've been "shafted" for want of a better term for similar things before! - Once bitten.....

Regards,
Andy

As an HMO it leaves the LL liable for council tax. However, the LL would normally pass that on via the rent in a HMO situation.

Is the LL aware that you are not both students? If not it is liable to "end in tears" when the Council tax bill comes through.

The council will inevitably find out since the LL will be required to submit details of who is resident when claiming exemption for the resident students.

benham3160

anselld wrote: »

As an HMO it leaves the LL liable for council tax. However, the LL would normally pass that on via the rent in a HMO situation.

Is the LL aware that you are not both students? If not it is liable to "end in tears" when the Council tax bill comes through.

The council will inevitably find out since the LL will be required to submit details of who is resident when claiming exemption for the resident students.

The lettings agent is certainly aware of this, and did not seemed at all bothered, the fact that my partner is not a student was the first thing that I pointed out to them - they did not seemed concerned, however as the annexe isn't being advertised on the open market (I only found out through word-of-mouth) I get the impression it was going to be left as a void as they had no success letting it to any students, I wonder if they consider a council tax bill combined with our rent is better than a void?

We're only looking at this property in a cursory way (although it seemed our most flexible option - trying to find a worker/student let is difficult!) but I think forewared is forarmed!

Many thanks for the help to all that have contributed!

Regards,
Andy

tbs624

Have you personally queried the Council Tax status of this "annex" via the Council Tax Officers? Never take an LA's version of reality as being reliable.

benham3160

tbs624 wrote: »

Have you personally queried the Council Tax status of this "annex" via the Council Tax Officers? Never take an LA's version of reality as being reliable.

No, but presently my partner hasn't seen the property, only myself so I can imagine she won't like it anyway...... I won't pretend as the male I have much of a say in it!

If we did consider the property we would then start digging before we agreed to anything. There is only one address listed (ie. only 1 High Street, Anytown, there is no 1a High Street, Anytown) on the borough council website.

Could we demand as a condition of let the annexe was made in to a separate property, or would this be too much effort for all concerned for what is a relatively small rent?

Regards,
Andy

lincroft1710

If that part which you are proposing to rent has its own kitchen, washing facilities/WC, and living/bedroom, plus the entrance door either opens off the street, garden or communal hall, then for council tax purposes it is a dwelling in its own right and should have its own CT band. It doesn't matter if there are no separate electricity/gas/water meters nor if the address is the same as the main property.

I'm ex VOA and have dealt with hundreds of these!

benham3160

lincroft1710 wrote: »

If that part which you are proposing to rent has its own kitchen, washing facilities/WC, and living/bedroom, plus the entrance door either opens off the street, garden or communal hall, then for council tax purposes it is a dwelling in its own right and should have its own CT band. It doesn't matter if there are no separate electricity/gas/water meters nor if the address is the same as the main property.

I'm ex VOA and have dealt with hundreds of these!

Yes, the annexe comprises of a kitchen, bathroom (with WC), laundry room, and a "box" room, which could be taken as a bedroom, however there is a very large open plan living room too. The large room has an access door in to the back garden, then a path to the front of the house.

How would you go about getting the annexe made in to it's own council tax band, is this something the landlord has to do, or could the tenant get this arranged? We're not trying to defraud anybody, we genuinely want to pay the correct level of tax, but it's simply not fair to pay 75% of a band F house when you only have access to 1/4 of it!

Silly question, but what is VOA?

Thanks for your help,
Regards,
Andy

anselld

Tread carfully!
Whilst it may be in your interest to have its own valuation, if the LL has been getting away with it to date they may not welcome a second council tax liability being "discovered".