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Council Tax

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In September 2010 I had a student house contract for the following academic year. But I was no longer a student as I had been dropped from my course. I applied for places at other universities, but it was too late.

The letting agency stated that I was liable for the full contract. As I was no longer a student I moved back home. In the meantime, my parents footed the bill for rent at the house. Although I stated to the letting agency I would not be living their and asked them to advertise the room to students so someone could possibly take my place at the house. (NO one ever did)

I got in touch with the council at the time about council tax but on several occasions i was reassured i would not be liable. Since then I have been unemployed, on job seekers looking for work.

Just the other day they sent a letter to the house addressed to me, even though im not registered as living thier. My friend has told me what it says, stating i have a bill of £1600 council tax to pay.


Am I liable? I am on job seekers, broke as hell, with a huge student debt. If the original contact was void my parents would not be paying the rent for me to not live their. So why am i liable. Liable because of this stupid loophole for students tied down to a contract cannot become free of it under no circumstances. Liable because the contract is being stuck to?

How do they expect me to pay? Why do they expect me to pay?

Cheers

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
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    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • lincroft1710
    lincroft1710 Posts: 17,731 Forumite
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    As you have not been released from your rental contract and your room is not occupied by any other person, you still have a right to occupy the room and thus are treated as the "notional" occupier and thus liable for council tax. As the sole non student you would be liable for 25% discount.

    However if all the occupiers of the house pay individual rents to the landlord/agent rather than a single rent to which each occupier contributes their share, then for council tax purposes the house will be a house in multiple occupation and the landlord will be liable for any CT payable. See Post 7 in this thread : http://forums.moneysavingexpert.com/showthread.php?t=3149778.

    In either case you need to contact council asap and explain all the circumstances.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • N0215900
    N0215900 Posts: 9 Forumite
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    Thanks. What benefits do I also get for being unemployed? I would not be fussed about paying council tax if I was earning.
  • CIS
    CIS Posts: 12,260 Forumite
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    As you have not been released from your rental contract and your room is not occupied by any other person, you still have a right to occupy the room and thus are treated as the "notional" occupier and thus liable for council tax. As the sole non student you would be liable for 25% discount.

    There is a possible get out.

    If you left the property and your sole or main residence moved to a different property then you cannot be liable for the property whilst there were occupiers in the property, the liability would fall on them (Them having the property as a main residence trumps it as your second home).

    However, as Lincroft has pointed out, renting a room suggests it was an HMO for council tax and therefore the L/L is liable for law (liability for owners regs 1992 , as amended).


    The fact you were unemployed would not automatically remove any council tax liability. If you had claimed Council Tax Benefit at the time and been on JSA then your council tax liability would have been covered in full for the period in which you were resident in the property (and claiming CTB).
    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.
  • N0215900
    N0215900 Posts: 9 Forumite
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    I'm confused by your reply. It seems as you do not fully understand my circumstances.

    I am not registered as living at that house. I am however registered as living at home with my parents, where I do you live for financial reasons.

    I am on JSA and have no money what so ever to pay council tax of any sort. When I signed on I did it only to receive council tax benefits as I understood at the time I would otherwise be liable for CT. When I signed on I explained my circumstances and discussed the problem I would face with CT including my rent and bills as for support with them.

    By my understanding the local authorities have not communicated with each other at all as I recieve a flat, lowest Job seekers rate of £50 a week and nothing towards, bills at the house, rent or council tax exemption.

    I pay bills of £40 a month for the house, TV License and water which on a monthly basis only leaves my with around £120 which has to cover alot of other costs.

    So even though the CT is payed in installments I can simply ATM not afford to.
  • CIS
    CIS Posts: 12,260 Forumite
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    I am not registered as living at that house. I am however registered as living at home with my parents, where I do you live for financial reasons.
    I fully understand your circumstances. Sole or main residence is a difficult area so I'll try and explain it.

    Council Tax works on the basis of 'sole or main residence'.

    As a joint tenant you are jointly liable for the council tax for any property which is your 'sole or main residence'. If the property ceases to be your sole or main residence and you still hold the tenancy then it becomes your 2nd home.

    Ordinarily you would be liable for any council tax due on your 2nd home however if someone else is resident at the property then they are liable for the council tax.

    As you left the property and it ceased being your main residence from that date, as long as there are other occupiers, you cannot be liable for the council tax due from that date.

    In any case though it sounds like an HMO for council tax purposes which means the L/L is liable by law for any council tax due.
    I am on JSA and have no money what so ever to pay council tax of any sort. When I signed on I did it only to receive council tax benefits as I understood at the time I would otherwise be liable for CT.
    Your confusing yourself over Council Tax liability - receiving Council Tax Benefit does not remove you from liability, it is treated no differently from cash payments towards the Council Tax. If you have 3 joint tenants and 2 of then claim Council Tax Benefit then the household would get 2/3rds of the council tax paid but all of the joint tenants would be liable for the remaining 1/3rd.

    If the property is an HMO then no Council Tax benefit should have been paid as none of you were liable (the L/L would be) and the CTB would need to be removed from the Council Tax account and the L/L billed for this.

    By my understanding the local authorities have not communicated with each other at all as I recieve a flat, lowest Job seekers rate of £50 a week and nothing towards, bills at the house, rent or council tax exemption.
    There is no need for the councils to communicate with each other - the matter is solely between you and the council which are billing you.

    The new bill you have received is most likely because they still have you as resident for the current Council Tax year when you shouldn't be. You need to speak to them about this.
    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.
  • taxsaver
    taxsaver Posts: 620 Forumite
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    why are you paying toward utility bills and a TV licence at a property that you don't even live at?
    If you feel my comments are helpful then I'd love it if you 'Thanked' me! :)
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