Student house but no longer a student!

dizzyrascal

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.

Is this legal??
Sounds like a data protection issue to me

antrobus

macman wrote: »

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

A class M exemption applies to dwellings "owned or managed by an institution" that meets the necessary legal requirements. But I otherwise accept your clarification.

antrobus

dizzyrascal wrote: »

Is this legal??
Sounds like a data protection issue to me

I believe so. Generally speaking there's an exemption for data that relates to the "assessment or collection of any tax or duty".

hardtoexplain

antrobus wrote: »

The liability to pay council tax is a matter of statute not contract law; see S6 LGFA 1992.

Really? You really quoted that?

Anyway OP I advise, because we are all really 2nd guessing here without seeing the tenancy agreement, you son speak to his welfare officer or advice centre at his student union who will be able to advise on if he does have to pay and any other issues e.g. being a temporary leaver.

macman

He doesn't have a student union or welfare officer any more-he's dropped out of the course!
I fail to see what the tenancy agreement has to do with it. Unless the house is an HMO, the tenants are responsible for paying their own CT, and if one of them is no longer a student, then a liability will arise on the property.

dizzyrascal

The students' union should have an advice or support centre. They are usually the experts with accommodation issues, both university and private sector.
As he has recently been a student at the institution he should still be able to use this service. It tends to be circumstances like this when you find out that you need the Students' Union so he should go and pay them a visit.
Whilst parts of the university might turn him away the Union is a charity and a campaigning organisation and they are more than used to dealing with issues surrounding leaving.

bestpud

dizzyrascal wrote: »

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.

If he decides to carry on living there as a student then he is committing fraud. I would imagine they'd prosecute if he manages to go any length of time before he is detected.

They'd surely call him in for an IUC at the very least if he has been deliberately claiming a benefit he is not entitled to.

I agree they'd pursue him for the money. I do not believe the students would end up paying unless they are very gullible.

hardtoexplain

dizzyrascal wrote: »

The students' union should have an advice or support centre. They are usually the experts with accommodation issues, both university and private sector.
As he has recently been a student at the institution he should still be able to use this service. It tends to be circumstances like this when you find out that you need the Students' Union so he should go and pay them a visit.
Whilst parts of the university might turn him away the Union is a charity and a campaigning organisation and they are more than used to dealing with issues surrounding leaving.

This is correct! At our SU advice centre we advise students on temporary leave, recently graduated or have already left especially this sort of thing

hardtoexplain

macman wrote: »

He doesn't have a student union or welfare officer any more-he's dropped out of the course!
I fail to see what the tenancy agreement has to do with it. Unless the house is an HMO, the tenants are responsible for paying their own CT, and if one of them is no longer a student, then a liability will arise on the property.

Well if he takes the tenancy agreement to his SU, which we have established should and would help, they can at least sort out the issue of whether it is a HMO, however unlikely (because the OP hasn't included that information) and they can also explain why he has to pay and offer support/advice which this thread hasn't really done and become more of an arguement of who knows what

dizzyrascal

bestpud wrote: »

If he decides to carry on living there as a student then he is committing fraud. I would imagine they'd prosecute if he manages to go any length of time before he is detected.

They'd surely call him in for an IUC at the very least if he has been deliberately claiming a benefit he is not entitled to.

I agree they'd pursue him for the money. I do not believe the students would end up paying unless they are very gullible.

Are you seriously suggesting that a LA would bring a criminal prosecution and a possible prison sentence upon a student (who probably hasn't any money or the intent to defraud)!!!
Really??
Because he may have owed some CT for a matter of a couple of months!!

I can just see the headlines if that did happen

My LA gets my CT wrong every year. And every year I have had to argue with them and prove, over and over again that once again, after nearly 20 years, I am still a single parent!

They happily send out nasty and extortionate letters to thousands of people who do not owe them any money, usually the people who need their help because they are already on benefits or are pensioners. They frighten the lives out of people over and over again.
All these things come out of the woodwork when the LA prosecute. That is why I would love to see the headlines if you did follow through with a prosecution.