flatmate doesn't want to pay his full share of council tax

Ariana112

Hey, so I'm currently in a flatshare with three other's. Two students and two professionals.

One of the students won't pay his full share in council tax. He has said it's only fair if the professionals pay more as students are exempt. The thing is, I'm subletting off him, and he is renting from a private landlord. So although I get where he is coming from, if he wanted to avoid council tax, he should have gotten all students in.

We have a house meeting this week to discuss this. What can I put forward as a valid argument?

Caz3121

Does the property have a HMO licence?

martinsurrey

nothing.

If you didnt want to pay 50% of the council tax you shouldnt have rented from students.

and as you are a lodger (from your post) he can kick you out VERY easily.

(I have lived in mixed house shares, and never have the students contributed to the council tax)

aggypanthus

Its fair to me, after all if he HAD got all student in, he would clearly have no responsibility for CT. The fact that he didnt doesnt matter.
As the house has working people in it they should pay it. why should he pay it?

Housing_Benefit_Officer

Are bills included in your rent or paid seperately?

Ariana112

I thought HMO's were applied for if the house had 5 or more tenants and three storeys high? All bills are paid separately.

BigAunty

Ariana112 wrote: »

I thought HMO's were applied for if the house had 5 or more tenants and three storeys high? All bills are paid separately.

It's complicated.

That's the mandatory scheme which compels a landlord to apply for a HMO licence. However, local councils are free to implement additional discretionary schemes for licencing outwith that definition (though many don't). So some have different criteria, too.

Also, there is a difference between what is defined as a HMO which requires a licence and a HMO which can be as simple as meaning more than 2? 3? unrelated occupiers, a non-family household.

See what your local council says on their website about HMOs, if your property is classed as one for council tax purposes, and read the council tax hierarchy of liability.

Also, you may find this thread very interesting - its posted by someone who is subtenant and sole non-student in a house share who is seeking clarification on whether or not they must pay council tax.

https://forums.moneysavingexpert.com/discussion/4799359

macman

Council Tax is not a personal tax, it's a tax based on the property. If the student agreed to you becoming a tenant (or sub-tenant) knowing that you were working, he must (or should have known) that the property would then become liable for CT. When did the other working tenant take up occupation-before or after you did?
Therefore it seems perfectly fair that CT should be split between all the occupiers. The student's don't presumably pay a smaller share of the other shared bills just because they are students, so why should that apply to the CT bill?
Students are not 'exempt from CT': it's the property they occupy that is exempted if it's a 100% student house, and registered as such.
However, I'm unclear if you are a legal (sub)tenant, or a lodger, or whether the whole property is an HMO? In which case it's a different scenario altogether.

Ariana112

Ok this is getting confusing... how does a HMO relate to council tax?

antrobus

Ariana112 wrote: »

....One of the students won't pay his full share in council tax. He has said it's only fair if the professionals pay more as students are exempt. ....

He's right, students are exempt from council tax.

Ariana112 wrote: »

Ok this is getting confusing... how does a HMO relate to council tax?

If it's a HMO, the landlord has liability for CT.

Caz3121

Ariana112 wrote: »

Ok this is getting confusing... how does a HMO relate to council tax?

Often with an HMO, the landlord is responsible for the council tax

eg

http://www.brent.gov.uk/services-for-residents/council-tax/exemptions-discounts/houses-in-multiple-occupation/



Council tax liability for HIMO's

Council Tax law says the landlord, not the occupier(s) must pay the council tax bill. The rent charged to the occupier can include an amount towards the council tax. The amount included is a private matter between the landlord and the occupier.