Housing Benefit & Landlords

Mr.Generous

Noob4now wrote: »

Thanks all. LL responsible for council tax of entire building and it is included in the rent of each individual room.

that sounds like a contradiction to me, its a hmo as far as council tax is concerned, but a flat when you want to claim housing benefit. Council tax for a household of 2 or more people is the max, they dont charge more for a family of ten. Can it really work this way?

In my experience where bills are concerned any possible interpretation of the rules always works against you rather than in your favour.

Noob4now

The ground floor and 2nd floor are flats and have been assessed as flats by the council. The 1st floor was originally a whole floor to one person and that floor alone was classed as a HMO according to LL. But the 1st floor is now 3 separate flats/bedsits but they have not yet been assessed. I dont know how council tax works in properties like this but the LL pays the council tax for the building, splits the amount between the 6 rooms in the building and adds a set amount on to each of our rents.

It seemed so simple at first to rent this place, just pay upfront costs, complete all required benefit forms, and move in. Now its turning into something not so simple

nannytone_2

syrely it is an HMO because of the shared bathroom?

i thought bedsits/flats had to be totally self contained.

can't see the council deeming it to be anything other than sn HMO because of the bathroom issue

CIS

nannytone wrote: »

syrely it is an HMO because of the shared bathroom?

i thought bedsits/flats had to be totally self contained.

can't see the council deeming it to be anything other than sn HMO because of the bathroom issue

A property can be deemed as separate dwelling without being totally self-contained, the Valuation Office definition uses only the words 'usually expect it to have' has discussing bathrooms etc but they make clear it's not actually defined in legislation do have discretion on that matter- this is where the complications set in with what the OP had said so far.

If it's been banded by the Valuation Office it could theoretically still be a Council Tax HMO but it's a lot less likely.

Craig

CIS

Noob4now wrote: »

The ground floor and 2nd floor are flats and have been assessed as flats by the council. The 1st floor was originally a whole floor to one person and that floor alone was classed as a HMO according to LL. But the 1st floor is now 3 separate flats/bedsits but they have not yet been assessed. I dont know how council tax works in properties like this but the LL pays the council tax for the building, splits the amount between the 6 rooms in the building and adds a set amount on to each of our rents.

It seemed so simple at first to rent this place, just pay upfront costs, complete all required benefit forms, and move in. Now its turning into something not so simple

The problem is that it's not the L/L's decision to make regarding the Council Tax, it rests purely on the determination made under legislation. The issue will have to be sorted once the banding is dealt with but the occupier will be the one getting billed.

Where a property is not deemed to be a Council Tax HMO then there are only limited instances where a landlord would be the liable for the Council Tax charge on the property.

Craig

Guest101

Your LL cannot evict you without a court order, whether you pay rent or not, so don't panic.

Noob4now

The LL has a master key to each room so can change locks and lock me out and keep my stuff until i pay if the council do not get this sorted.

I will be at the council today to see about payment on account until it is sorted so hopefully i wont have anything to worry about.

Guest101

Noob4now wrote: »

The LL has a master key to each room so can change locks and lock me out and keep my stuff until i pay if the council do not get this sorted.

I will be at the council today to see about payment on account until it is sorted so hopefully i wont have anything to worry about.

That would be illegal eviction, a criminal offence.


So why don't you start listening and stop fantasising.

[Deleted User]

Noob4now wrote: »

The LL has a master key to each room so can change locks and lock me out and keep my stuff until i pay if the council do not get this sorted.

I will be at the council today to see about payment on account until it is sorted so hopefully i wont have anything to worry about.

So buy a new lock and change it ASAP

Noob4now

Guest101 wrote: »

That would be illegal eviction, a criminal offence.


So why don't you start listening and stop fantasising.

“Citizens Advice said that 2,087 people asked for help after being threatened with illegal eviction in the year to March 2016, a 47pc increase from the previous year.

The charity said that some tenants were threatened with eviction after missing a single rent payment. To evict a tenant legally the landlord would have to serve them notice, get a possession order and a bailiff’s warrant from court. However the charity said that instead many landlords were simply changing the locks and seizing tenants’ possessions.”

Not really 'fantasising' is it?!