Rent increase advice.

MrINeedOfHelp

G_M wrote: »

Please reconfirm, with exact dates (and no extraneous wording):

1) date your original tenancy started 20/03/15
2) Term of original tenancy (eg '6 months') OR
3) end date specified on the original tenancy 20/08/15
4) whether your original tenancy agreement says what happens after the fixed term (exact words) There is nothing
5) whether your original tenancy agreement says anything about notice (exact words) There is nothing
6) Date you pay rent each month 20th each month
7) date the S21 was served (received) 21/11/15
8) expiry date of S21 Notice 21/01/16

Apologies I see why the date is the 21/01/16 now thanks for clearing that up

Note that the S21 does not have to align with either
* the tenancy date, or (if different)
* the date rent is paid
the S21 does have to give 2 full calender months notice (assuming SPT) and/or comply with any terms in the agreement (if CPT)

* The number of tenancies in the building is irrelevant.
* In a HMO, the landlord is always liable for Council Tax Is it ok for the "bills included" then to have council tax form part of that sum?
* if the council tax increases, that is the LL's problem. He can only increase the rent in accordance with the law and the contract (see below)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

Thanks for the reply this is really helping me get a better understanding of how things work.

G_M

1) date your original tenancy started 20/03/15
2) Term of original tenancy (eg '6 months') OR
3) end date specified on the original tenancy 20/08/15

Strange, but not unknown. This is 6 months plus 1 day.

7) date the S21 was served (received) 21/11/15
8) expiry date of S21 Notice 21/01/16

The S21 is valid (provided any deposit is protected - see link below)

* In a HMO, the landlord is always liable for Council Tax Is it ok for the "bills included" then to have council tax form part of that sum?

Since by law a landlord of an HMO is always responsible for CT, it is by definition always included within the rent, whether the tenancy agreement says so or not.

* Deposits: payment, protection and return

MrINeedOfHelp

Sorry to keep bumping this up.

My partner has just informed me that she spoke to our Local council (not sure why yet) and they have told her we were/are liable for council tax.

Could someone please clarify why this is case as I understand the following:

The property is a HMO which contains 5 (there is actually 6) registered flats to which we are one of three couples on joint tenancies for our respective flats albeit my partner and I are now periodic tenants.

I understood that if it were say a case of every tenant signing one joint tenancy for the property the tenants would then be liable for council tax?

It's seems now despite it being "covered" in the all bills agreed within our original tenancy Brent are saying all along it was us liable for council tax?

Guest101

Are you sure this is a HMO?


Is Council tax charged per flat or for the whole building?

theartfullodger

G_M wrote: »

Strange, but not unknown. This is 6 months plus 1 day....

5 months 1 day I think....

MrINeedOfHelp

Guest101 wrote: »

Are you sure this is a HMO?


Is Council tax charged per flat or for the whole building?

All I know is when looking for the property online I found it registered with a C6 class and mandatory license required to be a HMO which doesn't expire until 2019.

Council tax im not sure of exactly I wanna say it is charge per flat but not in the conventional way.

I think it's charge in a more per tenancy agreement if that makes any sense?

Guest101

MrINeedOfHelp wrote: »

All I know is when looking for the property online I found it registered with a C6 class and mandatory license required to be a HMO which doesn't expire until 2019. - So it's a HMO. Job done. Not your problem, ignore.

Council tax im not sure of exactly I wanna say it is charge per flat but not in the conventional way.

I think it's charge in a more per tenancy agreement if that makes any sense?

Council tax is a tax, it's not charged 'per tenancy'.


It's charged yearly, by banding (based on value)

G_M

MrINeedOfHelp wrote: »

.....

The property is a HMO which contains 5 (there is actually 6) registered flats to which we are one of three couples on joint tenancies for our respective flats albeit my partner and I are now periodic tenants.

On what basis are you saying it is an HMO? Is it registered as such with the council?

From what you now say, it appears this is a building with 6 quite separate flats. Each flat is a separate home, comprising just one or two tenants.

Each flat is therefore NOT an HMO.

An HMO is where numerous people/households share the same accomodation, which does not appear to be the case here.

See
https://www.brent.gov.uk/services-for-residents/housing/private-landlord-advice/property-licensing-for-landlords/

Guest101

G_M wrote: »

On what basis are you saying it is an HMO? Is it registered as such with the council?

From what you now say, it appears this is a building with 6 quite separate flats. Each flat is a separate home, comprising just one or two tenants.

Each flat is therefore NOT an HMO.

An HMO is where numerous people/households share the same accomodation, which does not appear to be the case here.

See
https://www.brent.gov.uk/services-for-residents/housing/private-landlord-advice/property-licensing-for-landlords/

I've given up mate. So confused by this.


I suspect it used to be a HMO, then the LL remodelled it to be multiple flats.


The OP either needs to pay the Council Tax and deduct from the rent - but only once the council provides him or her with evidence.


Or chase the LL for payment.

G_M

There is a list of all HMO licenced properties in Brent here:

https://www.brent.gov.uk/media/16403247/licensed-properties-online-register.pdf

Is your property on the list?

Thanks again and in terms of official occupants everyone has their own tenancy agreements, since the landlord took over from the property managers they had in new tenants have been signed up for the year - all in There are is 1 couple on a years tenancy and 1 individual on a years tenancy everyone else like my partner and I, another couple and two other separate individuals are on 6 months/periodic tenancies

Do all these people live in the same 'flat'? ie they live together as a group and share the accomodation? eg they may each have their own bedroom, but share the kitchen, bathroom, lounge, front door etc?