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Council Tax & rent query.
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Mr_Singleton
Posts: 1,891 Forumite
I suspect I'm going to be called in to help so....
a uni student relative of mine has had a fire in a communal area of his digs. This has rendered the whole building uninhabitable. He has found alternative accomodation, so....
What happens regarding Council Tax for the property. Is he still liable for it? He has to pay CT at his new accomodation.
Is he liable for the rent on the fire damaged property? Repairs are likely to take around 6 months.
Thanks
a uni student relative of mine has had a fire in a communal area of his digs. This has rendered the whole building uninhabitable. He has found alternative accomodation, so....
What happens regarding Council Tax for the property. Is he still liable for it? He has to pay CT at his new accomodation.
Is he liable for the rent on the fire damaged property? Repairs are likely to take around 6 months.
Thanks
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Comments
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Students don't pay council tax.0
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What exactly was he renting? A serious fire will usually frustrate a contract, so his tenancy agreement should cease along with his liability for rent and council tax.
If he is a full time student he would be exempt from paying council taxIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Students don't pay council tax.
In some cases they can (unusual but possible, more so in cases like this). Problem here is that they won't be occupying/resident and therefore, if they are liable for the council tax charge, the standard Class N council tax exemption doesn't apply.
It would need more information to say.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.0 -
There's a (time-limited) exemption for unoccupied and unfurnished properties, which I guess may apply here (if there isn't also an exemption for properties which aren't in habitable condition).0
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As the fire has rendered the property uninhabitable he can ask the landlord to end the tenancy and a deed of surrender will need to issued, it does however depend on what is stated in the tenancy agreement.
Have a look here, aimed at Landlords but will still give an insight for tenants
https://helix-law.co.uk/property-law-blogs/what-are-a-landlord-s-obligations-to-their-tenants-if-rented-property-is-made-uninhabitable-by-fire-or-flood/This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Apologies I'm not fully in the loop on this and suspect my involvement is only being sought for financial reasons but he's taken a year off for personal reasons so technically not a student at the moment. He was renting a small 1 bed flat which still has I believe 4 months to run on the contract.
What I really wanted to know is if the landlord wanted to be belligerent could he force payment for the remaining term? Is that a fair contract term? Would it be better for me to just pay it off to save months of hassle?
I'm assuming that he's going to pay CT at his new place. How do you go about finding out about CT liability. Dual taxing seems unfair!0 -
Posts #3 and #6 seem to answer this one. Is the landlord actually demanding rent?Mr_Singleton wrote: »What I really wanted to know is if the landlord wanted to be belligerent could he force payment for the remaining term?0 -
A person can, in the correct circumstances, be liable at dozens of properties.I'm assuming that he's going to pay CT at his new place. How do you go about finding out about CT liability. Dual taxing seems unfair!
If his tenancy is ended then it's not an issue but if his tenancy remained in place it would need looked at further to get the issue sorted.
Depending on the situation a person can still be regarded as a student whilst not attending but again, it depends on the full circumstances.he's taken a year off for personal reasons so technically not a student at the momentI 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.0 -
Mr_Singleton wrote: »I suspect I'm going to be called in to help so....
a uni student relative of mine has had a fire in a communal area of his digs. This has rendered the whole building uninhabitable. He has found alternative accomodation, so....
What happens regarding Council Tax for the property. Is he still liable for it? He has to pay CT at his new accomodation.
Is he liable for the rent on the fire damaged property? Repairs are likely to take around 6 months.
Thanks
Students don't pay council tax.
What did the landlord do? Because technically there is still a valid contract to pay rent.
It seems he jumped the gun as the LL may have provided alternative accommodation.
- also I'm assuming the fire wasn't his doing, otherwise there could be a claim for the damage coming his way0 -
There's a (time-limited) exemption for unoccupied and unfurnished properties, which I guess may apply here (if there isn't also an exemption for properties which aren't in habitable condition).
Only in Scotland and Wales, these two exemption were abolished in England.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.0
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