Student house but no longer a student!

antrobus

hardtoexplain wrote: »

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.

The contract will have been between the landlord and the students as tenants; signing such a contract has no bearing on the liability to pay anything other than rent. The liability to pay council tax is a matter of statute not contract law; see S6 LGFA 1992

hardtoexplain wrote: »

CT is nothing to do with the landlord ...

That depends. The "owner of the dwelling" is indeed one of those persons who are "liable to pay council tax" particularly if the property in question is a HMO which might or might not be the case.

macman

There's nothing in the OP's description to make us think that it's an HMO. It appears to be a standard student house share., in which the occupants are responsible for registering and paying (or registering and obtaining the discount or exemption if appropriate).
The point I was trying to make earlier is that is no 'presumption of exemption'-it's up to the student(s) to prove their status. If necessary this is normally done by the university providing confirmation of their registration as a student. Unfotunately, a great many students think that they are somehow automatically exempted-they are not. The only automated process is possibly in accommodation administered by the university, where they may compile the names of student tenants and submit a list to the LA.

antrobus

macman wrote: »

There's nothing in the OP's description to make us think that it's an HMO.

I agree. But nevertheless it would be wrong to state that "CT is nothing to do with the landlord". The correct answer would be to state that 'it depends'.

macman wrote: »

The point I was trying to make earlier is that is no 'presumption of exemption'-it's up to the student(s) to prove their status.

That would be correct. You have to apply for a Class N exemption.

macman wrote: »

The only automated process is possibly in accommodation administered by the university, where they may compile the names of student tenants and submit a list to the LA.

University halls of residence qualify for a class M exemption. There would be no need to supply the LA with any names. As long as it is "provided predominantly for the accommodation of students" it qualifies as an exempt dwelling.

amiehall

I have to say I've always passed my student exemption certificate onto my LL who has dealt with the council in the past. When I've rented as a non-student in the past in an HMO, the LL has always bundled the council tax in with the rent as well. I thought this was fairly standard so it's wrong to assume it's nothing to do with the LL.

That aside, your son is likely to face a substantial CT bill. There will be a 25% discount but if he's sharing with a few other people, the house is likely to be quite big and the bill will be substantial. Maybe he should start trying to find someone to take over his contract and look for a house with non-students where the bill will be shared.

CIS

When I've rented as a non-student in the past in an HMO, the LL has always bundled the council tax in with the rent as well. I

For an HMO the landlord is responsible for any council tax due however if you are all students then no council tax would be payable. Many landlords however continue to add a bit to the rent to cover the council tax charge...

If the property isn't an HMO for council tax purposes (different to a HMO for licencing purposes) then the tenants are responsible for notifying the council and are responsible for any council tax due. (not all of the tenants may be responsible).

There will be a 25% discount but if he's sharing with a few other people, the house is likely to be quite big and the bill will be substantial.

Most likely in excess of £100 per month even with the discount.

Many councils now get data on students sent direct from the universities and will be able to amend the records based on this. The data will include students who have ceased their courses.

macman

antrobus wrote: »

I agree. But nevertheless it would be wrong to state that "CT is nothing to do with the landlord". The correct answer would be to state that 'it depends'.



That would be correct. You have to apply for a Class N exemption.



University halls of residence qualify for a class M exemption. There would be no need to supply the LA with any names. As long as it is "provided predominantly for the accommodation of students" it qualifies as an exempt dwelling.

But this is clearly not a university hall of residence. It is a house offered for rent to students, possibly via the univ. accomm office, possibly not. Either way, there is no exemption without application. An ex-student would not be able to remain in a hall of residence.
It might be an HMO, though on the info given so far, I very much doubt it.

antrobus

macman wrote: »

But this is clearly not a university hall of residence. ....

Well of course it isn't, I was merely responding to your reference to "accommodation administered by the university", a very wide-ranging class of accomodation that would include halls of residence.

antrobus

CIS wrote: »

....
Many councils now get data on students sent direct from the universities and will be able to amend the records based on this. The data will include students who have ceased their courses.

Yes, my understanding is that a number of universities have sought to simplify the process by sending the LAs details of students that are resident in certain postcodes. Hence the LAs will effectively automatically exempt certain dwellings based on said information.

Ditto it works the other way around as well; universities will notify LAs when individuals cease to become students - an event which will trigger a council tax bill for the relevant individuals.

antrobus

Back to the point...

tomandkath wrote: »

... 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?

It's the Local Authority that will check, not the landlord. And they can, and will at any point in time.

tomandkath wrote: »

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I can't see coming clean and paying the council tax for the entire house..

Whether or not he intends 'coming clean' is likely neither here nor there. You should proceed on the basis that the LA will become aware that he is no longer a student, and that he will become liable for council tax.

tomandkath wrote: »

.
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!

It's only realistic to think he can live in the house if he can find a job that generates sufficient income to pay the council tax. Otherwise finding someone else to take his place would be the best option.

macman

antrobus wrote: »

Well of course it isn't, I was merely responding to your reference to "accommodation administered by the university", a very wide-ranging class of accomodation that would include halls of residence.

A hall of residence is owned by the university- I was referring to private accommodation let through the university.