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Conditions of students paying council tax

2»

Comments

  • mchale
    mchale Posts: 1,886 Forumite
    HappyMJ wrote: »
    The person who is not exempt as a student would be responsible for it. Possibly with a 25% discount.


    Don't think it's a simple as that.
    ANURADHA KOIRALA ??? go on throw it in google.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The person who is not exempt as a student would be responsible for it. Possibly with a 25% discount.
    The 25% SPD would be a certainty if all other occupiers were students and there was only 1 non-student.
    Don't think it's a simple as that.

    It would be for a standard AST with all occupiers but 1 being a student.
    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.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    mchale wrote: »
    Don't think it's a simple as that.
    Neither do I...very complex but as CIS says the landlord would get the bill for a HMO but you asked the question what if a joint tenancy was signed and one person was not eligible. As they are all equal as in joint tenants then the person or persons that are not exempt then pay the bill and are responsible for it.

    If each person sign their own tenancy agreement with the landlord for a room each they would only be repsonsible for paying the rent on the one room only and the landlord would pay the council tax or would apply for an exemption if all occupiers are students.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • mchale
    mchale Posts: 1,886 Forumite
    CIS wrote: »



    It would be for a standard AST with all occupiers but 1 being a student.


    So therefore LL would not be ultimately responsible??
    ANURADHA KOIRALA ??? go on throw it in google.
  • mchale
    mchale Posts: 1,886 Forumite
    HappyMJ wrote: »
    Neither do I...very complex but as CIS says the landlord would get the bill for a HMO but you asked the question what if a joint tenancy was signed and one person was not eligible. As they are all equal as in joint tenants then the person or persons that are not exempt then pay the bill and are responsible for it.

    If each person sign their own tenancy agreement with the landlord for a room each they would only be repsonsible for paying the rent on the one room only and the landlord would pay the council tax or would apply for an exemption if all occupiers are students.


    Thats the problem my billing area imply that if x number of tenants sign 1 tenancy agreement, then the LL is resonsble for CT payments but CIS seems to disagree with this, so I want to know who is right.
    ANURADHA KOIRALA ??? go on throw it in google.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So therefore LL would not be ultimately responsible??

    Not on a standard AST, the landlord is only liable (unless the property was unoccupied) in 5 defined cases (one of which is a Council Tax HMO) as specified in the Council Tax (Liability for Owners) regs 1992.
    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.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thats the problem my billing area imply that if x number of tenants sign 1 tenancy agreement, then the LL is resonsble for CT payments but CIS seems to disagree with this, so I want to know who is right.
    Multiple tenants in a property do not make the L/L automatically liable - he is only liable it it meet the criteria for a Council Tax HMO.
    “Houses in multiple occupation, etc

    Class C a dwelling which

    (a)was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household;

    and

    (b)is inhabited by a person who, or by two or more persons each of whom either—

    (i)is a tenant of, or has a licence to occupy, part only of the dwelling; or

    (ii)has a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of, the dwelling as a whole.”.
    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.
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