Student house but no longer a student!

tomandkath

My son and a bunch of his mates have signed a contract and paid a wacking deposit on a student house for next year (in theory year two of studies). However, he has now quit uni, but still hopes to live in the house with his mates. At what point would the landlord have checked that they were all students and therefore no council tax? At the point of contract or will he also at the beginning of the academic year? I can't see coming clean and paying the council tax for the entire house would be an option, but need to know if it's realistic for him to think he might live in the house or whether he needs to find someone else to take his place. Any advice, either from students or landlords would be really welcome!

Butti

I lived in a house in Newcastle with someone who worked, the rest of us were students. The landlady didn't tell the council and so in their eyes we remained an entirely student house.
Not 'entirely' honest but if he is honest he will pick up 75% of a council tax bill which hardly seems fair either. Maybe he would be best having a word with the landlord.

HappyMJ

tomandkath wrote: »

My son and a bunch of his mates have signed a contract and paid a wacking deposit on a student house for next year (in theory year two of studies). However, he has now quit uni, but still hopes to live in the house with his mates. At what point would the landlord have checked that they were all students and therefore no council tax? At the point of contract or will he also at the beginning of the academic year? I can't see coming clean and paying the council tax for the entire house would be an option, but need to know if it's realistic for him to think he might live in the house or whether he needs to find someone else to take his place. Any advice, either from students or landlords would be really welcome!

The landlord will not ask but it may come up if the council checks up on the occupants at some point. I'd recommend he moves out as large student properties won't be band A they'll probably be band D or above causing a rather large bill.

MrsManda

I had to provide a letter from my university stating that I was a student in order to get the council tax exemption, has he already got this and given it to the council?

As Happy said the LL won't check however your son will be committing fraud if he tells the council he is a student when he is not in order to claim council tax exemption.

How is he planning on paying his rent/other bills?

macman

The student exemption is not automatic by virtue of a tenant happening to be a student, it has to be provided either by the university providing a list of the accomodation which is handled through their accom office to the LA, or by the students completing the paperwork and providing evidence of their status. If he claims to be a student and is not, then he'll be committing fraud, and the other tenants will all be liable for backdated CT when it comes to light, as it surely will when the accomm office update their lists as any students are deregistered as they drop out.
It's got absolutely nothing to do with the landlord: the occupiers (in this case the tenants) are responsible for registering and paying CT if appropriate, or for claiming the exemption if not. The tenants need to prove their entitlement to get an exemption-it's not the LA's job to prove otherwise.

bestpud

macman wrote: »

The student exemption is not automatic by virtue of a tenant happening to be a student, it has to be provided either by the university providing a list of the accomodation which is handled through their accom office to the LA, or by the students completing the paperwork and providing evidence of their status. If he claims to be a student and is not, then he'll be committing fraud, and the other tenants will all be liable for backdated CT when it comes to light, as it surely will when the accomm office update their lists as any students are deregistered as they drop out.
It's got absolutely nothing to do with the landlord: the occupiers (in this case the tenants) are responsible for registering and paying CT if appropriate, or for claiming the exemption if not. The tenants need to prove their entitlement to get an exemption-it's not the LA's job to prove otherwise.

The other tenants won't be liable as they're still students and will no doubt prove that. The OP's son is the only one liable for council tax and it could be a big bill!

OP - he has dropped out, which isn't the greatest achievement for his CV - is it really worth the risk of adding a fraud prosecution to the list? He needs to think long term, grow up and take responsibility for his actions.

macman

CT is not a personal tax, it's a property tax. With one person in occupation who is not a student, CT is levied upon the property, but with a 25% discount.

Taiko

As above. I'm sure those in the flat will want rid of him the moment it is discovered.

bestpud

macman wrote: »

CT is not a personal tax, it's a property tax. With one person in occupation who is not a student, CT is levied upon the property, but with a 25% discount.

I understand that, but the students cannot be responsible for paying it as they've done nothing wrong...

The person they'd have to chase is the one who has committed fraud, surely?

If it got as far as court, the others would be fine as they haven't lied.

hardtoexplain

bestpud wrote: »

I understand that, but the students cannot be responsible for paying it as they've done nothing wrong...

The person they'd have to chase is the one who has committed fraud, surely?

If it got as far as court, the others would be fine as they haven't lied.

Not at all, they have signed a joint contract which means they are jointly responsible for the rent and payment of utilities which includes council tax. They will chase the household who, as all will not be students, will be required to pay council tax.

Just to reiterate what macman said...

CT is nothing to do with the landlord and is everyone's responsibility in the house. It is not a tax for one person, so yes if your son does not pay everyone could get taken to court.

Some universities send the council a list of registered students and the addresses they have for them OR students have to get letters from the uni/complete an exemption form to prove they are a student. Either way he will get found out eventually because 'not telling them' doesn't work anymore.

As others have said there will be a 25% discount if he is the only non student in the property, you can check the band here: http://www.voa.gov.uk/cti/InitS.asp?lcn=0 then cross reference with current prices on the council's website.

So yeah, if he wants to stay he needs to pay it or come to some agreement with his mates. OR he doesn't stay and he needs to find a replacement for the contract as he will be liable for the rent until this is done, and if you are a guarantor, will also be liable.

dizzyrascal

bestpud wrote: »

I understand that, but the students cannot be responsible for paying it as they've done nothing wrong...

The person they'd have to chase is the one who has committed fraud, surely?

If it got as far as court, the others would be fine as they haven't lied.

There are further discounts if he can prove that he is on JSA or on a very low wage. He would have to check with the LA to find out what they can offer.
The LA will not pursue him for fraud, that is a criminal offence! It is not worth their while to do this
They will simply pursue him(relentlessly) for any monies owed.
If he was to refuse to pay then they do have greater sanctions that they can apply.
Having said that, it is probably easier all round for your son to find a replacement and move out.