Unfair council tax threats

Bobdylan

It was a joint tenancy, we both signed the tenancy agreement.

I believed I'd sublet my part of the joint tenancy to my ex-fianc! under a quick contract I downloaded off the net and signed. My former flatmate moved out without subletting to anyone(he couldn't find anyone and it became too late) So my fianc! was the only occupant in the flat but was under my tenancy agreement, that is my half of the joint tenancy.

So I was under the impression that all council tax liabilities where no longer my duty, as I moved out and found a new occupant. If anything it would be my old flatmate and my ex-fianc! who would be liable..

I just find it bizarre that they're only chasing me

jjlandlord

There is no such thing as "your part" of a joint-tenancy.

If you and your joint-tenant both moved out, then you should not be liable for CT, and your occupying sub-tenant should be.

However, you did not sublet the whole property but only a room. Therefore, as per CIS's post, the property was an HMO for council tax purposes. This means that the landlord (i.e. you) was liable for council tax.

Bobdylan

I agree with what your saying.. we did both move out, but I was able to find someone to takeover my room and some of the rent (that's what I meant by my half) - but by construction of her becoming the sole individual living in the flat (as there was no one else in the flat and we had moved out) - she than would become the sole sub-tenant.. no?

The .gov sites says a HMO is 3 tenants living in a property - but at no point do we meet that requirement..

BTW your insight is appreciated.

jjlandlord

There are HMOs for HMO regulations, and HMOs for council tax purposes. Definitions are different, so that you can have a HMO for council tax purposes but not for HMO regulation purposes.
(Because otherwise it would be too simple).

She might have been the sole sub-tenant and occupier, but the agreement she had with you and that was shown to the council is that she was sub-letting only a room, not the whole of the property.
As said, the situation re. CT would be different if she was sub-letting the whole property.

CIS

If you move out and (sub-)let the property, then you are no longer resident during that time for council tax purposes.
Otherwise, many landlords would still be deemed liable for CT!

Council Tax works on the basis of 'sole or main residence' and 'intention to return'.

In this case as he has lived in the property and moved only for work purposes then it would, in most cases, remain his 'sole or main residence' for council tax purposes . It's the basis of many Valuation Tribunal appeals for a definitive verdict.

CIS

Definitions are different, so that you can have a HMO for council tax purposes but not for HMO regulation purposes.
(Because otherwise it would be too simple).

HMO's are the bane of my life.

Cate1976

OP, you need to go and talk to the council asap. The first thing you need to establish is whether the student reduction for your ex fianc! has been processed. I can't remember what the discount is if the property is occupied by a mix of students & working people, thinking that maybe for Council Tax purposes, it's going to be that the property was being occupied by you & your fianc!? Once student reduction has been sorted, then you need to make arrangements to pay what you owe. Might be worth you taking proof of income & expenditure with you so that if council want more than you can afford then you can negotiate. I don't know what expenses council will allow, eg things like clothes & 'emergency' fund.

ConfusedofYorkshire

Cate1976 wrote: »

OP, you need to go and talk to the council asap. The first thing you need to establish is whether the student reduction for your ex fianc! has been processed. I can't remember what the discount is if the property is occupied by a mix of students & working people, thinking that maybe for Council Tax purposes, it's going to be that the property was being occupied by you & your fianc!? Once student reduction has been sorted, then you need to make arrangements to pay what you owe. Might be worth you taking proof of income & expenditure with you so that if council want more than you can afford then you can negotiate. I don't know what expenses council will allow, eg things like clothes & 'emergency' fund.

I believe that basically the student is ignored/discounted.

So if one student lives with 1 non student, the non student gets a single person discount. If more than 1 non student lives there then no discount. And if there are 6 students and 6 non students, still no discount.

CIS

So if one student lives with 1 non student, the non student gets a single person discount. If more than 1 non student lives there then no discount. And if there are 6 students and 6 non students, still no discount.

Pretty much spot on (assuming none of the none-students are disregarded for another reason) from a discount point of view.

anselld

CIS wrote: »

HMO's are the bane of my life.

No doubt the feeling is mutual! (HMO Managers)