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Student house but no longer a student!

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As your son can't provide the certificate the property will be charged a single person rate for the year and everyone will expect him to pay it.

    If its not a HMO then only the non-student can be held liable for any council tax due (except in a very few unusual circumstances). If its a HMO then the landlord has to pay and its up to him how he recovers this charge from the household.
    Incorrect, LL is ultimately responsible for CT liability in a HMO/Student Let

    Most student lets aren't HMO's for council tax purposes (they probably are though for licencing purposes but that doesn't affect council tax).
    There is another issue to think about when not complying; if the council ever get a sense that he was avoiding council tax they will try recovery from anyone who was in the house, even if they had a student exemption.

    That cant happen , as above, only in a very few circumstances can a student be liable for council tax.

    The vast majority of cases like this that I come across are becase the students haven't provided proof of being students so the council treat them as non-students until proof is provided.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • mchale
    mchale Posts: 1,886 Forumite
    edited 2 April 2012 at 10:45AM
    CIS wrote: »
    If its not a HMO then only the non-student can be held liable for any council tax due (except in a very few unusual circumstances). If its a HMO then the landlord has to pay and its up to him how he recovers this charge from the household.



    Most student lets aren't HMO's for council tax purposes (they probably are though for licencing purposes but that doesn't affect council tax).


    Are you sure, in my BA if 3 or more unrelated tenants live in the same property, then LL is ultimately liable for CT even though property is not licensed/classed as a HMO
    ANURADHA KOIRALA ??? go on throw it in google.
  • pinkshoes
    pinkshoes Posts: 20,684 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I had the same issue, as I took a last minute gap year, and would have been liable for 75% of the council tax for a HUGE house.

    I got round it by only staying there 3 days a week, and "living" 4 days a week with my parents where I got a job, so was on their council tax bill as it was my main residence.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you sure, in my BA if 3 or more unrelated tenants live in the same property, then LL is ultimately liable for CT even though property is not licensed/classed as a HMO
    Yes - council tax HMO legislation works differently in some cases, the fact 3 people unrelated tenants are in a property does not automatically make it a council tax HMO (council tax HMO legislation makes no reference to the number of occupiers - 1 occupier can be a council tax HMO in some cases)

    Different arears have tighter HMO licencing regulations which can affect the situation with the property when compared to council tax.

    The national minimum for a HMO is
    Mandatory HMO licences

    You must have a licence if you own a large HMO. A large HMO has:
    • three or more storeys
    • five or more tenants forming more than one household
    If the council stick to the national minimum standard then, for example, a 2 story house with 3 un-related occupiers would not be a licenced HMO but if the property was let on a room only basis or was adapted for multiple occupancyy it would be a council tax HMO
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • mchale
    mchale Posts: 1,886 Forumite
    CIS wrote: »
    Yes - council tax HMO legislation works differently in some cases, the fact 3 people unrelated tenants are in a property does not automatically make it a council tax HMO (council tax HMO legislation makes no reference to the number of occupiers - 1 occupier can be a council tax HMO in some cases)

    Different arears have tighter HMO licencing regulations which can affect the situation with the property when compared to council tax.

    The national minimum for a HMO is
    If the council stick to the national minimum standard then, for example, a 2 story house with 3 un-related occupiers would not be a licenced HMO but if the property was let on a room only basis or was adapted for multiple occupancyy it would be a council tax HMO

    Ok thanks for that, but who would be liable for CT bill if tenants did not pay it
    ANURADHA KOIRALA ??? go on throw it in google.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok thanks for that, but who would be liable for CT bill if tenants did not pay it

    Liability is set in law - in an HMO then the landlord otherwise (in most cases) the occupiers (except any occupiers who are disregarded).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Fuzzyness
    Fuzzyness Posts: 635 Forumite
    in my final year of uni i shared with a girl who subsequently dropped out. we didnt tell the council and the council didnt find out. she moved out anyway before the end of the academic year.

    in short, if he does get found out, he will be liable for 75% of the council tax. if he's happy to pay that then no worries because i can image his mates will want to cough up to let him continue living there.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    I remember no end of arguments about things like this when I was a student. Usually when there were students living with "normal" people who couldn't understand why the students thought they shouldn't share the council tax bill.
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