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C/Tax Benefit and multiole occupancy

Hi,

I've also posted this in the landlords thread.



I own a small 2 bedroom house which I rent out .

1st tenant moved in in Dec 13 and was employed

2nd tenant moved in in feb 14 and although employed was only working part time and has put in a claim for H/B

They both have individual tenancy agreements.

Tenant no1 was made redundant in march so has also put in a claim for Housing /council tax benefit.

The council has apparently classed the property as "house of multiple occupation"and will therefore not pay c/t benefit saying that as landlord I'm the one liable for C/Tax - is this correct ?

can anyone please confirm what is officially classed as a HMO ?

Is it simply because there are 2 tenancy agreements ?


Any help would be very much appreciated :)

Comments

  • 2 tenancies - landlord liable.

    1 tenancy - tenants liable.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds to me like it's a House in Multiple Occupation for council tax purposes therefore the tenants have no council tax liability and cannot claim council tax support.

    It's most likely been deemed a HMO by the council on the basis that the occupants each only have a rental liability for part of the property and pay only their own share of rent for the property. (council tax (liability for owners) regulations 1992 - as amended).
    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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