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Council Tax & rent query.

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  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Students don't pay council tax.


    They can in some circumstances but it's not currently clear whether or not he is regarded as a student for council tax purposes.
    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.
  • Mr_Singleton
    Mr_Singleton Posts: 1,891 Forumite
    I've now confirmed that he was paying Council Tax so wasn't claiming/entitled to student exemption for this year.

    Early days regarding the fire but it looks like it was some faulty electrics in a communal area that was the landlords responsibility. Flat and belongings untouched but no gas, electric or water hence moved out. I'm pretty happy that the tenancy will be cut short and no additional rent will be payable.

    The council tax is still a bit confusing. I guess they'll be a liability in 2 properties till the tenancy officially ends.... which serms unfair.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I've now confirmed that he was paying Council Tax so wasn't claiming/entitled to student exemption for this year.

    Early days regarding the fire but it looks like it was some faulty electrics in a communal area that was the landlords responsibility. Flat and belongings untouched but no gas, electric or water hence moved out. I'm pretty happy that the tenancy will be cut short and no additional rent will be payable.

    The council tax is still a bit confusing. I guess they'll be a liability in 2 properties till the tenancy officially ends.... which serms unfair.



    Is he claiming the 25% single person discount?


    That is incorrect. Either the tenancy continues and the LL provides alternative accommodation, or the contract is frustrated and ends there and then.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Assuming the property is genuinely 'uninhabitable', then

    * If the tenancy continues, and the LL expects/demands rent, then the LL must provide (alternative) accomodation in return for that rent. Many LL insurance policies include cover for this, and would compensate the LL. If the LL has no insurance, or his policy excludes 'alternative accomodation' then it is down to the LL to pay.

    * Alternatively, if it is clear the property will remain 'uninhabitable' for the foreseeable future (meaning the remander of the tenancy, or most of the remaining tenancy), then the contract can be deemed (by either party) as 'frustrated'. That means the tenancy ends through no fault of either side. No further rent is due and no further accomodation need be provided.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The council tax is still a bit confusing. I guess they'll be a liability in 2 properties till the tenancy officially ends.... which serms unfair.


    Until council tax liability ends, yes. But council tax liability will cease anyway if he is no longer resident and has no current tenancy.
    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.
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