Council Tax Pickle

Strebor123

Hi all,


Bit of an issue with council tax so I'll try and summarise it.


I moved into a house (which is a HMO) when I was a student. Ended up not being a student and went on JSA and HB. I was there from 14/06/14 til 29/08/14 and have now moved.


As it was a student house and I was not a student, the house became liable for council tax for that period. Plymouth Council didn't tell me it was the landlord who would be liable and not me, so as it stands at the moment my landlord has a bill for 75% of the bill for that time period, which has thrown me a bit as it's a lot higher than if I was personally liable as I would have been able to get council tax support.


Is there anything I can do or anything I am missing that could mean I am liable for the council tax? (and so get the reduced bill)


The council weren't very helpful and basically told me that as I wasn't liable I don't have to pay anything, but I feel obligated to do so as it was because of me that the house became liable for council tax.


Many thanks in advance,


Jake

pmlindyloo

I think you may be misunderstanding the situation.

If the house is a HMO then the landlord is often responsible for the council tax (his liability). This would be true whether his tenants were students or not.

It seems that the council have decided that the landlord has the liability.

Therefore, you do not have to pay. It is probable that the council tax would have been factored into your rent anyway (that is what landlords usually do in this situation.)

If the council has said that you are not liable then you are not. He has not become liable just because you were no longer a student. He has always been liable, according to the council.

Housing_Benefit_Officer

You are not liable your previous landlord is liable. You don't have to pay a penny and you are not obligated to pay a penny. You will not be chased fr arrears as the arrears are the responsibility of your previous landlord. The Council Tax liability is just a business expenses for your previous landlord.

Stop worrying you don't owe anything and you don't have to pay anything.

Strebor123

But when I signed my contract, it said in the contract that I was going to be a student for the duration of the contract (which I was going to be when I signed it)


So as far as I can tell I have breached the terms of my tenancy agreement.


The council tax wasn't factored into my rent as I was meant to be a student and therefore attract no council tax for the property.


Thanks for the help so far.

pmlindyloo

I see what you are saying. if you had remained a student the landlord would not have had to pay council tax because you would have all had a student exception. Because you were no longer a student then the landlord became eligible for the council tax (less a 25 % discount because you were the only one out of the 4 of you that wasn't a student)

So you feel morally obliged to pay back this amount. How much is it, by the way?

I can understand your thinking - good on you.

However, since you were not liable for the council tax then you would not have been entitled to any council tax reduction because of being on JSA.

So, has the landlord asked for any money?

Depending on how much it is, if you can pay it(!), you could speak to your LL about it. That might stop any suggestion of a breach of contract. Not sure on the legal aspect of that.

Or, you could just forget about it.

Housing_Benefit_Officer

Strebor123 wrote: »

But when I signed my contract, it said in the contract that I was going to be a student for the duration of the contract (which I was going to be when I signed it)


So as far as I can tell I have breached the terms of my tenancy agreement.


The council tax wasn't factored into my rent as I was meant to be a student and therefore attract no council tax for the property.


Thanks for the help so far.

And what is he going to do now you have breached the terms of your tenancy agreement? Evict you?

And does your contract say that you would pay any Council Tax liability?

Stop worrying it is your former landlords problem not yours.

CIS

The only thing that could happen now is the landlord take county court action against you to recover the monies for you.

McKneff

CIS wrote: »

The only thing that could happen now is the landlord take county court action against you to recover the monies for you.

If the house is HMO, the op is not laible to pay the council tax so the above is incorrect. The landlord would lose every time.
#
OP, stop worrying, you have done nothing wrong.

CIS

If the house is HMO, the op is not laible to pay the council tax so the above is incorrect. The landlord would lose every time.

True, he is not personally liable for council tax on a HMO but if the OP has signed a contractual agreement with the landlord regarding payment then the landlord can pursue that.

Strebor123

Hi guys.


Thanks for the help. I decided to pay it anyway, even if just for moral reasons. It just over £185 so not too bad.


My thinking was that the landlord could chase me for the money anyway as I breached the contract with regards to my being a student. This was in my contract:


"To use the Property as a single private dwelling and not to use it or any part of it for any other purpose nor to allow anyone else to do so. All Tenants are to be full time students, which situation places the rented property in a category which attracts no Council Tax."


Again, thanks for the helpful posts.


Regards,


Jake