HMO and Council tax

Fhayward

Hi! I have two questions:

1. I currently live in a HMO with 3 others. We signed the contract in September 2023 and have lived here since 4 th October 2023. The landlord got a HMO on 4th December 2023 but it was only for 3 people. Is it still legal for us to live her ? 

2. I notice the rules around HMOs and council tax changed in December 2023 making the landlord responsible. I have been paying council tax directly to the council. Should I pay the January instalment or is this now the landlords responsibility?

lincroft1710

You should contact the council directly about possibly ceasing CT payment

uptdale

Well there are HMOs and HMOs.  A self-contained flat or house is considered an HMO if it is shared by 3 or more people who are not members of the same household or family.  Sometimes the HMO is let to joint tenants under a single tenancy agreement, and in that case the property is banded as a single property, and the sharers are liable for the council tax.  But sometimes HMOs have been let on a per room basis and each room had its own CT band.  Those are the HMOs affected by the changes, which mean that the landlord is now responsible for the CT.   I understand that where the HMO is let as a single property the tenants will continue to pay the CT.

https://www.nrla.org.uk/resources/tax/who-should-pay-council-tax