Retaking a module - Do i need to pay Council tax?

Alasco

Senario:

Initially on a 3 year course, as a full-time student. first year in halls, 2nd & 3rd year living in a shared house with other full-time students. Had a student loan, and exempt from Council tax, of course - relevant forms sent in by landlord, etc. All perfectly normal.

However, failed a module in my final year and, with the Uni agreeing and Student Loan company agreeing to fund, arranged to retake the failed module in what would be my 4th year.

House is again full of (different) full-time students - and me.

My module, on it's own - would be classed as a part-time course.

However, I am retaking this module as part of my (I would claim unfinished) degree course, which is classed as full-time.

I understood that I would continue to be exempt from Council Tax because the retaken module (although part-time on its own) was part of my overall full-time course, and so I should still be classed as a full-time student until I have completed this module - for up to a maximum of 12 months after the initial end date. That is what I was led to believe.

The local council think differently. They are billing (initially the Landlord, incorrectly, as it is a shared tenancy/house) for the whole year, minus 25% for "single person" (as the other students are exempt) claiming that it is a part-time course which does not have enough hours allocated to it for it to be exempt.

There is a lot of conflicting arguments about. Can anyone point me to something that says, with any certainty, that I either am, or am not, liable to pay Council Tax in these circumstances - ie. retaking a module from a full-time course).

The Local Government Finance Act 1992 is the starting point, but amendments and interpretations since then just seem to cloud everything.

Any help most gratefully accepted.

(For honesty, I would just like to point out that I am writing this on behalf of the student concerned - I am actually the above mentioned Landlord, trying to help out a very confused and upset student - I know this forum has helped me in the past).

CIS

Unless he is still registered as a full time student with the university for this period then he was no claim to the student disregard for council tax.

If the university are saying he is still a full time student and the council are arguing otherwise then , unless the council will re-consider, the only option would be for a Valuation Tribunal to decide.

initially the Landlord, incorrectly, as it is a shared tenancy/house

Presumably it's a standard joint tenancy ?

Alasco

Thanks for your reply.

First - it is a "standard joint tenancy" - ie. a single whole of house tenancy agreement, all occupants sign the same agreement and are all equally responsible, etc, etc. But.... the council sent me (the landlord) the bill threatening legal action. Shameful behavior in my book. They have now asked for a copy of the agreement to be sent to them. Shame they didn't ask before making assumptions and threatening me, eh?

Regarding the University and Council - they both seem to be as unsure about the law as each other. I had exactly the same thing happen with another tenant previously who had to stay another year to retake a module, when the university issued a "Certificate of Full-Time Student Status" but on it stated the course was part-time!!! (no- I'm not making it up).

I had to remind them of the actual situation (although they would not talk to me directly about that particular case - quite right, too), but they then re-issued the certificate with the course then being "full-time" because it was still part of the overall degree course, and the council then amended the bill accordingly.

The very same council are now doing the same thing again but suggesting the outcome will be different this time and even saying the previous decision was wrong (although that implies the University broke the law if that is correct!!) This guy started spouting on about the number of hours - which is where the confusion with everyone seems to be.

I would claim that if the module being re-taken is part of the original full-time course, then the hours are irrelevant, because the modules could all be different amounts of time - you cannot predict which you might fail and have to retake.

I understood that if it is part of a full-time degree course you are re-taking, then you are still considered to be a full-time student regardless of hours, for up to 12 months, regarding Council Tax.

The problem is - I cannot now find the documentation that stated all that (I didn't think lightning would strike twice!).

It should be quite simple - but apparently not!

As the current time we are waiting for the University to get back to us regarding the Full-time certificate. One was issued, stating "full-time" but, for some unexplained reason as yet, the wrong date was on it. The council have not seen this certificate, as until the correct one is issued there is no point - but it seems they have made their minds up already, again, regardless.

For my part - 10 years of goodwill between myself and the council have gone down the drain in just a few weeks due to their "holier than thou" attitude over this. I am, quite frankly, disgusted by their attitude - I have been doing this job over 10 years and never had problems like this before with a council.

As for your other point - he was allowed to re-take the module by the university, so I assume he is still registered as before. The student loan company was involved and also paid the extra years fees, so it is all above board and perfectly "normal" for this situation as far as I can tell.

Sorry to "rabbit" on - but I get really wound up by council attitudes some times - it seems you are always presumed guilty unless you can prove otherwise, in their eyes - but i appreciate your input. Thank you.

CIS

when the university issued a "Certificate of Full-Time Student Status" but on it stated the course was part-time!!! (no- I'm not making it up).

You'd be surprised how often that happens.

I understood that if it is part of a full-time degree course you are re-taking, then you are still considered to be a full-time student regardless of hours, for up to 12 months, regarding Council Tax.

If it's part of the same course and the hour requirements are met then yes but the hour requirement needs to be satisfied (as do all of the qualifying criteria) to continue to be regarded as full time for council tax purposes.