Student council tax, leaving early

Mojo29

Hi all,

I've had a look in the forum archive and found a few threads but none completely like this; hope someone can help!

My boyfriend was a student and finished his course last month, the student status certificate provided to and accepted by the council expires 31 July 2017. The council have sent a bill stating that his tax liability is from 31 July, whereas I would have thought it is from 1 August, does anyone know which is correct?

Secondly, my he is moving in with me as of tomorrow (1st September) and I have contacted my council to advise them & request an update to the council tax account with his name on it. However, the council are saying that he will continue to have to pay the council tax until the tenancy ends on 11th September.

He is currently residing with two students, so benefits from the 25% single occupancy, and the two students are staying alone there until the end date. I am aware of that recent court case and so on, however, is he really liable to pay the council tax in his old place. I would have thought the council should update the bill to have the two remaining tenants there until the end, with full discount for them, so he should only be paying for the month of August. I cannot see how he could be liable to pay for the time he is not there, and it is not like the Landlord will be due anything either as there is full coverage for the people living there up until the end date of the tenancy.

aneary

Council tax will start from 1st August. Unfortunately if his tenancy doesn't end until 11th September he will be liable until then. In your case I would have left him off the council tax until the 11th September.
Depending on whether it's the same council, there policies and how joined up or not they are he may end up paying full council tax (no 25%) between 1-11th September.

Guest101

Mojo29 wrote: »

Hi all,

I've had a look in the forum archive and found a few threads but none completely like this; hope someone can help!

My boyfriend was a student and finished his course last month, the student status certificate provided to and accepted by the council expires 31 July 2017. The council have sent a bill stating that his tax liability is from 31 July, whereas I would have thought it is from 1 August, does anyone know which is correct?

Secondly, my he is moving in with me as of tomorrow (1st September) and I have contacted my council to advise them & request an update to the council tax account with his name on it. However, the council are saying that he will continue to have to pay the council tax until the tenancy ends on 11th September. - Possibly. Is this the fixed term? If so, why is it fixed until 11th September as most student tenancies end earlier ? The upside is the Council tax wont be much for 11 days.

He is currently residing with two students, so benefits from the 25% single occupancy, and the two students are staying alone there until the end date. I am aware of that recent court case and so on, however, is he really liable to pay the council tax in his old place. I would have thought the council should update the bill to have the two remaining tenants there until the end, with full discount for them, so he should only be paying for the month of August. I cannot see how he could be liable to pay for the time he is not there, and it is not like the Landlord will be due anything either as there is full coverage for the people living there up until the end date of the tenancy.

It's what £30?

CIS

1)
Council tax works on the basis that whatever is the situation at the end of the day is that which has applied for the whole day. If his student status ends on 31 July then, as with any other disregard, any associated discount etc will also end on that day.

2)
He has to be listed as jointly liable , as your partner, on your council tax account from the day he moves in - you have no choice in the matter as the legislation covers what happens in cases such as this. The situation with the property he is leaving is much more complicated as it depends on who is resident, their status etc (and potentially the wording of the tenancy) - but see 3)

3)
If he has left a residence (with not intention to return) and there are others still resident then he cannot be jointly liable - council tax legislation rests solely on the remaining occupiers. If they were all to leave before the end of the tenancy then that causes different issues and Leeds v Broadly comes in to. It's something I've had more than one argument over for clients and trying to fight the point over the years.

Mojo29

aneary wrote: »

Council tax will start from 1st August. Unfortunately if his tenancy doesn't end until 11th September he will be liable until then. In your case I would have left him off the council tax until the 11th September.
Depending on whether it's the same council, there policies and how joined up or not they are he may end up paying full council tax (no 25%) between 1-11th September.

It doesn't make any difference to my council tax bill which is the same as it's always been (£155 per month), so neither of us have lost out by adding his name to the account.

Guest101 wrote: »

It's what £30?

You're right, I've calculated it to be £31.03 from 1 Sept until 11 Sept. It's an assured shorthold tenancy, for one year, with a contract end date of 11 Sept 2017.

CIS wrote: »

1)
Council tax works on the basis that whatever is the situation at the end of the day is that which has applied for the whole day. If his student status ends on 31 July then, as with any other disregard, any associated discount etc will also end on that day.

It was more to the point that what time/point on that day does the student exemption end?

CIS wrote: »

3)
If he has left a residence (with not intention to return) and there are others still resident then he cannot be jointly liable - council tax legislation rests solely on the remaining occupiers. If they were all to leave before the end of the tenancy then that causes different issues and Leeds v Broadly comes in to. It's something I've had more than one argument over for clients and trying to fight the point over the years.

Thanks for the reply. This was what I was more trying to get at in my OP. I understand the point of that case whereby a landlord was held responsible for unpaid tax as a result of the tenant(s) leaving early. However in this case two tenants would still be present and liable to pay council tax (although as they are both still current students they are fully exempt and no money would be due.)

CIS

It was more to the point that what time/point on that day does the student exemption end?

As soon all of the residents on the house cease to be full time students - the day he ceases to be a student the exemption ends. If he leaves and there are then only full time students resident in the property they can be awarded a further exemption at that point.

However in this case two tenants would still be present and liable to pay council tax (although as they are both still current students they are fully exempt and no money would be due.)

They would be liable (whilst resident) if your partner is no longer resident.

Craig