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Council Tax for 2 single tenants plus utilities/tv licence

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Comments

  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Pedders81 wrote: »
    She discussed leaving with the landlord but didn't give any official notice as she hadn't committed to leaving. She decided to stay and that was the end of it. A tenancy was then also given to the other girl.


    It makes it complicated if the tenancy does not include council tax, bills ect
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does the original sub-let agreement mention a contribution to help with the council tax ? As the original agreements never seem to have been ended then for the partner to enforce any legal claim against her sub-tenant there would need to be some evidence of an agreement to make a contribution.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 29 December 2018 at 5:05PM
    AdrianC wrote: »
    It's one property, regardless of the number of tenancies or whether it qualifies as an HMO.

    When there's just one (CT-liable) person living there, they're eligible for a 25% discount in CT.
    When there's more than one person, they're not. The whole household is jointly and severally liable for the entire bill.

    Your partner was taking on liability for the entirety of the CT bill, with the other tenant paying "their share" through their rent. .
    do you understand that there is a difference between a council tax HMO and a HMO under the housing act?

    If the property has been let on an individual contract basis to tenants whose AST is for a dedicated room, not joint liability for the whole property, that makes it a council tax HMO and legally the only person liable for CT is the LL.
  • HampshireH
    HampshireH Posts: 5,035 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    You mention that unknown to your partner he gave the other person a tenancy.

    Did you partner not get a new tenancy to reflect the reduced rent & that she was no longer wholly responsible for condition of property etc.

    You could send a letter to the vacated person threatening to take them to court.

    Has your partner paid for oil in advance or in arrears.

    If in advance (as is usual) and its only just been topped up then the co tenant will have had no benefit from it.

    If she was your partners lodger did your partner take a deposit to cover any issues?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    HampshireH wrote: »
    You mention that unknown to your partner he gave the other person a tenancy.

    Did you partner not get a new tenancy to reflect the reduced rent & that she was no longer wholly responsible for condition of property etc.
    At last! A key question which (I think!) has not been answered.


    At the point 2 years ago when the lanlord gave a tenancy to the (then) lodger, what was agreed with your friend the original tenant (who did not move out)?


    * Was that original tenancy (for the whole property) ended?

    * Was any deposit returned?
    * was a new tenancy created between the LL and original tenant - this time for a room in the property (with other rooms/facilities shared with the other tenant)?
    * was a new deposit taken and protected?


    Or did the LL simply give the 'lodger' a tenancy agreement without doing anything aboit the existing tenancy?
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