Comments on: Who pays for the council tax in a HMO? http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/ Fri, 30 Jul 2010 12:33:14 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Matthew Moody http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-585 Matthew Moody Fri, 09 Jul 2010 09:03:26 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-585 Hey Dave and Greg, very similar questions and if you look at the comments, I've pretty much already answered this. If you have students in a property, then they are exempt from paying council tax. Therefore, you cannot be held liable for paying tax for them. However, if they then become a normal member of public (ie not a student), then it would normally fall upon you to pay the council tax. However, if they are unemployed, then normally the council will foot this bill but you will need to apply for this through them. In the case where they are now looking for work, it really depends on how the contract is worded in relation to the inclusion of the "council tax" within the rent. If everything is included, then you may be liable. hope this helps Matthew Hey Dave and Greg, very similar questions and if you look at the comments, I’ve pretty much already answered this.

If you have students in a property, then they are exempt from paying council tax. Therefore, you cannot be held liable for paying tax for them. However, if they then become a normal member of public (ie not a student), then it would normally fall upon you to pay the council tax.

However, if they are unemployed, then normally the council will foot this bill but you will need to apply for this through them.

In the case where they are now looking for work, it really depends on how the contract is worded in relation to the inclusion of the “council tax” within the rent. If everything is included, then you may be liable.

hope this helps
Matthew

]]> By: Dave http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-576 Dave Wed, 23 Jun 2010 09:16:02 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-576 Hi, I have a licensed HMO of 6 people, all are full time students on separate AST's. However, since September one of the students has left their course and applied for work. The council have said that I am liable for the council tax from that period and not the tenant. The tenant is also in breach of their contract as the AST is students only. All the tenants pay their own water, electricity, broadband bills Hi, I have a licensed HMO of 6 people, all are full time students on separate AST’s. However, since September one of the students has left their course and applied for work. The council have said that I am liable for the council tax from that period and not the tenant. The tenant is also in breach of their contract as the AST is students only.

All the tenants pay their own water, electricity, broadband bills

]]> By: Greg Hobson http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-572 Greg Hobson Mon, 14 Jun 2010 11:30:35 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-572 Hi Matthew. I normally let to students and have never had a problem here in Huddersfield until this last year. One tenant in a house of 4 (a regsitered HMO) was supposed to be a student but failed his year and started claiming Housing Benefit. The Council then decided I was responsible for the Council Tax but said that my tenant couldn't claim Council Tax benefit as " ... he wasn't paying Council tax." The Tenancy Agreement (shown to the Council), is a single Assured Shorthold agreement, includes all bills but explicitly excludes Council Tax. The Council also reduced his Housing Benefit for some reason they will not tell me (it's not my benefit after all) so his benefit doesn't even cover the rent, let alone the Council Tax. I am paying the Council Tax, but am arguing with the Council over their treatment of my tenant, denying him benefits to which he should be entitled. I have seen the list of priority above, but it ap[pears the law regarding HMO's and Landlords trumps this. Any input would be appreciated. Hi Matthew.

I normally let to students and have never had a problem here in Huddersfield until this last year. One tenant in a house of 4 (a regsitered HMO) was supposed to be a student but failed his year and started claiming Housing Benefit. The Council then decided I was responsible for the Council Tax but said that my tenant couldn’t claim Council Tax benefit as ” … he wasn’t paying Council tax.”

The Tenancy Agreement (shown to the Council), is a single Assured Shorthold agreement, includes all bills but explicitly excludes Council Tax. The Council also reduced his Housing Benefit for some reason they will not tell me (it’s not my benefit after all) so his benefit doesn’t even cover the rent, let alone the Council Tax.

I am paying the Council Tax, but am arguing with the Council over their treatment of my tenant, denying him benefits to which he should be entitled.

I have seen the list of priority above, but it ap[pears the law regarding HMO’s and Landlords trumps this.

Any input would be appreciated.

]]> By: Matthew http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-561 Matthew Tue, 08 Jun 2010 19:25:17 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-561 Anna, not sure on this as are you renting the rooms as all-inclusive rent or not? Most rooms are sold all-inclusive but may have extras for electric (common in lower end hmo's). COuncil tax depends on your set-up. Rebecca the landlord is generally responsible for council tax unless you have students/housing benefit clients in there where they get discounts or free council tax. So yes for professionals you would normally be liable. Anna,
not sure on this as are you renting the rooms as all-inclusive rent or not? Most rooms are sold all-inclusive but may have extras for electric (common in lower end hmo’s). COuncil tax depends on your set-up.

Rebecca
the landlord is generally responsible for council tax unless you have students/housing benefit clients in there where they get discounts or free council tax. So yes for professionals you would normally be liable.

]]> By: Rebecca Bate http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-546 Rebecca Bate Mon, 17 May 2010 11:18:22 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-546 Hi I have a 4 bedroom house, that I have previously let to students. However in 2008 it wasn't full so I let a couple of rooms to professionals. I assume I'm liable for council tax at this point, although they have always been responsible for paying the bills? The students then moved out therefore there were only two tenants for a few months, so are they then liable for the council tax as it was not a HMO for that period? Thanks Rebecca Hi I have a 4 bedroom house, that I have previously let to students. However in 2008 it wasn’t full so I let a couple of rooms to professionals. I assume I’m liable for council tax at this point, although they have always been responsible for paying the bills?

The students then moved out therefore there were only two tenants for a few months, so are they then liable for the council tax as it was not a HMO for that period?

Thanks Rebecca

]]> By: Anna http://yourhmoexpert.com/2008/10/who-pays-for-the-council-tax-in-a-hmo/comment-page-1/#comment-531 Anna Tue, 23 Feb 2010 15:24:56 +0000 http://yourhmoexpert.com/hmos/who-pays-for-the-council-tax-in-a-hmo/#comment-531 We have a licensed HMO of 6 people, all are working full time. Now the council tax bill has come through in my name as the owner/landlord so I have paid it and asked the tenants for their share of the bill as it is stipulated in their contract that they are liable for council tax. Their bills are not included in their rent. Is this correct? Thanks We have a licensed HMO of 6 people, all are working full time. Now the council tax bill has come through in my name as the owner/landlord so I have paid it and asked the tenants for their share of the bill as it is stipulated in their contract that they are liable for council tax. Their bills are not included in their rent. Is this correct?

Thanks

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