October 31

Who pays for the council tax in a HMO?

63  comments

To me this is quite an easy one but to some people, its a bit muddy.

I read an interesting article recently in the excellent Nearly Legal blog on the joys of housing law.  Don’t immediately switch off because I mentioned the law but read on to find out a little more about whose responsibility it is to pay the council tax.

In the eyes of the council and housing law; the owner or tenant is responsible for the council tax.  In a HMO where you are renting rooms on an all-inclusive basis to your sharers, it is YOUR responsibility to pay the council tax.

If you are renting a HMO to students where they generally pay most of the bills – it is their responsibility to pay the council tax – except as students, they are one of the few exempt people to not have to pay the council tax.

In the blog posted on Nearly Legal, a tenant rented a property, claimed never to have moved in, then sub-let the property to four people (making it a HMO) but did not pay the council tax.   He claimed his tenancy ended after six months and that he had never lived there.

These two points are irrelavent because a tenancy automatically converts to a periodic tenancy after six months unless notice is given and it is the responsibility of the owner or the tenant to pay the council tax.

As this tenant was renting from the landlord, the responsibility passed over to the tenant even if he was not living there.  There were several other extenuating circumstances which the article goes into but it is worth remembering that you, as the landlord are responsible for paying the council tax.


Tags


You may also like

Should I invest in property?

Should I invest in property?
  • I am a landlord who rents rooms in a HMO. I only let to students but, even though I ask for proof they are students do not check the information too thoroughly as the tenancy agreements state they are responsible for council tax. I pay most bills as it is convenient but they pay electricity on pay as you go. Suddenly the council have tried to hit me for 3 years worth of council tax despite me telling them it is student occupied. Now what?Thanks

  • Hi Audra, the actual process that needs to take place is that the tenants need to apply to the council for council tax exemption. Normally, the university has to provide this exemption as well to concur with your students stating that they are students. I would suggest that you a) speak to the university to get their records of the students you’ve had in and b) get the AST’s proving your students have lived at the property.

    hope this helps
    Matthew

  • Hi Matthew,

    I just recently moved out of my parents house and I am living with 2 other friends and we share a kitchen a bathroom etc. Now I believe that is a HMO?

    After reading the above article, I just want to 100% sure that I get this right, is it the responsibility of the landlord to pay the council tax?

    Before I moved in there was a third person who I have now replaced but they have been paying council tax for the past three years.

    What are your thoughts on this?

    Many thanks

    Gareth

  • Hi.

    I have a HMO with 3 tenants on individual contracts. They are all full time students. Southwark council state that I am liable to pay the council tax, even though I have full time students. They say this is because I am liable and the tenants situation is not taken into account.

    Is this right. Where can I find more information on this?

    thanks for your help

    N x

  • Hi Gareth, you are right in that technically its a HMO but its a small one so most councils will not be too interested in implementing HMO regulations. In terms of the council tax, this depends on your contract. If you are renting out the entire house on one contract with NO bills included, then you may be responsible. If however, you are renting out a room and just sharing with other people and bills ARE included, then the landlord may be responsible. With precedent set of the sharers paying the council tax, then I think that’s where it will continue.

    Council tax needs to be paid by the person living in the house. Its only because HMO’s often are all-inclusive that the landlord pays it on behalf of the tenants.

    hope this helps

  • Hi Nicki, they are wrong I believe. A student can submit an opted out form from their university so that they do not have to pay council tax. It is the responsibility of the person living in the house to pay council tax, not necessarily the landlord. And with students living in the property, they will be very hard pressed to prove that the landlord is liable.

    Good luck and let me know how you get on!

  • Hi Matthew
    I rent houses to student s in northampton. I have several houses and the students are on a single tenancy agreement for each house. The houses are HMO’s as they have tenants from more than 3 families. I am getting frustrated as despite telling nothampton council that they are students and giving them the students contact details they still send me Red bills and threaten toi take ME to court for not paying the bill.
    They are saying as i have not proven they are students and as it is an HMO that the landlord is liable for the council tax. I explain the logistical problem of chasing up 40 drunk students for council tax exemption certificates which they got when they enrolled will 1000 other sheets of paper.
    Is it my responsibility to collect these forms? or are the council just trying to get there money??

    can u give me any advice?

    thanks

    Anthony

  • Hello Anthony,

    Nice to see someone local! If you need any management help in Northampton then do me let know as we cover this area.

    OK, I did a bit more research into this and it turns out that the Northampton Council website is pretty dire in terms of any information.

    However, the direct gov site is very useful:
    http://www.direct.gov.uk/en/HomeAndCommunity/YourlocalcouncilandCouncilTax/CouncilTax/DG_10037383

    It states the following plus other useful info:

    Who is responsible for paying the bill?
    There’s one Council Tax bill for each home. Usually the person living in the property has to pay the bill. Spouses and partners who live together are both responsible for paying the bill.

    The person at the top or nearest to the top of the following list has to pay the bill:

    • lives in the property and owns it
    • lives in the property and has a lease (this includes ‘assured tenants’ under the Housing Act 1988)
    • lives in the property and is a ‘statutory’ or ‘secure’ tenant
    • lives in the property and isn’t a tenant but has permission to live there
    • lives in the property (for example a squatter)
    • has a lease of six months or more on the property, but doesn’t live there
    • owns the property but doesn’t live there

    So, from looking at this, it would appear that the students are the first line in paying the council tax, you are actually right down the bottom in last place.

    So, I would refer them to these guidelines, ask them to stop hassling you for rent and at the same time, instigate a system which ensures that you get the students to sign their exemption forms BEFORE they move in. Its the only way.

    By the way, if you can prove they are the tenants and responsible for bills, then that’s another angle to take.

    good luck!

  • 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

  • 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

  • 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.

  • 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, 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

  • 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

  • Hi Matthew,

    I have a 8 bed HMO, I recently recived a council tax bill for just over £500.

    All the tenants are claiming LHA (housing benefit), am I liable for the council tax? I have stated in the AST that the landlord is not reponsable for any bills.

    If I am not liable forthe council tax what should I do now?

    Thanks
    Dan

  • Dan, the tenants may be responsible but you may be. Depends what the AST says but if they are on benefits, then you should not have to pay.

  • thanks matthew,

    How can I apply for this, the LA are currently chasing me for £600! and they refuse to accept that I don’t have to pay it as the tenants are on LHA.

    Thanks
    Dan

  • hi Dan, I know of a landlord that has taken a LA to court over this. Suggest you discuss with housing benefit people but general policy is that they have to apply for a council tax benefit as well as HB. It may be that they have not applied for this but you need to make sure that it is definately to be shared amongst the tenants to avoid paying this.

    Matthew

  • It’s so lucky for me to locate your website! So shocking and wonderful! Just a single suggestion: It can be far better and less difficult to follow if your blog can present rrs subscription service.

  • Hi
    I have a house let to full time students for the last 3 years. The students told me they have been submitting council tax certificates but a few months ago the council sent a bill for the last 3 years for ivermectin 5k.

    The rental agreement is under 1 name for the full house but a group of friends live there. Over time the friends have chugged around as their courses have finished.

    I have given the council evidence of the students living there in form of letters from their. Colleges/universities. However they now want exact dates students moved in – do you know why this would make a difference. Also who is liable for the council tax in this case?

    The council say this may be a mho case , could you tell me if this may be true and how it changes the liability of the council tax?

  • Hello,

    I am wondering about some things, if anyone could help that would be greatly appreciated!

    1. I am a tenant in the semi-detached house that has been converted into two flats (I believe that authorities aren’t aware of this as my landlord told me not to get involved with anyone, but forward all the phone calls, mails onto him). Family of three is living in the first floor flat (2 bedroom) as paying £850 a month/bilss inclusive. When I have answered to the advert for ground floor flat it was £850 (1 bedroom) bills inclusive, but at the time of the viewing landlord told me that Council Tax contribution of £50 will be added on top of that and he added this clause to the contract.

    2. Plenty of googling and I have found out that the Council Tax that comes to our address in his name is around £90 a month (I am not aware that the other flat contributes to this).

    3. I also found out that landlord is paying only one TV licence for the property (I assume he claims everyone is a house instead of two flats) and as I did not want to be hunted with fines I registered for my TV licence. Now the above flat pays only £850 for the 2-bedroom flat, their TV a CT is paid for and I do have to pay or contribute by myself.

    Anything I can do? Any advices? Maybe claim the money for TV and CT contribution back of the landlord due to discrimination. It would help to advice who is responsible to pay for the Council Tax anyway. (If I am contributing £50 a month shouldn’t my name be on it, shouldn’t above flat pay it too?)

    Nedless to say that tenants in the other flat are nuisance, making noise day and night and when I tried to complain I was told to move out if I don’t like it.

    Many thanks for any advice/help.

  • Hi

    I have an HMO with a mix of students and workers. It was originally all students but two left Uni and started work and wanted to stay in the house. I agreed as long as they paid the council tax that would fall due.

    The council have recently billed me for the whole of last year and I have discovered they haven’t been paying. It states in their contract that they should.

    I now understand that I am responsible for paying the bill and have paid the council but believe I have a right to charge this back to my tenants as it states clearly in their tenancy agreements that they are liable for any council tax.

    They are refusing to pay as they believe that as the council has told them I am responsible for council tax the clause in their contracts isn’t enforcable.

    Do they have any basis for this argument?

  • Council Tax and HMO ‘law’ is a joke and such a grey area. Councils all over the country jumped on the bandwagon over the past several years and do you know why? Because it is far easier to chase 1 person (i.e. landlord) than 4 (tenants in a house for example). Except they didn’t tell anyone when they changed the rules, leaving me with thousands of £ to pay back in 2009 when Nottingham council caught the bug.

    Please note that while a lot of advice on this site is sound, individual councils will have individual interpretations of the rules. Nottingham for example dont care if the contract is all-inclusive or not, the landlord is responsible for the ctax. At least that’s what they tell me when the red bills are coming in threatening of court dates! Who’s to argue at that point? Something else Nottingham council says – housing benefits claimants cannot claim for council tax benefit if they live in a HMO. Is this true??? It seems very off they will pay for housing benefit but not council tax benefit. If someone knows any laws or rules on that, please let me know!

    I have made it clear in all my contracts that if any ctax arises from a tenant being in the house, then they need to pay me that money. Councils then tell the tenants they dont have to. How helpful! But in a court of law, I have read (and I hope) that this IS enforceable as it is an agreement between you and the tenant and nothing to do with the council.

    Good luck people!

  • […] 4.Your HMO Expert – HMO Property Investing » Blog Archive » Who In the eyes of the council and housing law; the owner or tenant is responsible for the council tax.  In a HMO where you are renting rooms on an all-inclusive basis to your sharers, it is YOUR responsibility to pay the council tax. […]

  • My son (student) tenancy ended on 30/6/11.
    He stopped been a student on 11/6/11.
    He got charged Council Tax fromn 12/6/11 to 30/6/11 even though he had moved back home on 10/6/11.
    The property is classed as a furnished let with all bedrooms having their own locks and shared facilities.
    All the students shared bills – gas & electric.
    Is this a case of HMO and the landlord liable for Council Tax?

  • I moved into a house with 4 students, and I was the only non-student, therefore I was liable for the council tax. The tenanct was a short-hold tenancy agreement and bill not inclusive. Due to unforseen circumstances with the house, I decided to move out early (3 months before my tenancy ended), along with the fact that I could not afford council tax payments on my own anymore. I moved to a new property at the end of March 2011 (with other council tax payers).

    I phoned up the council tax office before I moved and told them the circumstances, that I was moving out at the end of March, so they asked for my new address, registered it on their system and said everything was fine.

    Now I just received a letter from the council at my new address stating that I owe them the last 3 months council tax, even though I moved out? When I moved out, it left 4 students in the house for the remaining 3 months of the tenancy, so surely council tax becomes exempt as there were only students left?

    Any advice?

  • Hi

    I’ve been reading the threads and Im hoping that you maybe able to advise me. I have a flat above a shop which has seven rooms. I let the flat out to an agency who told me the tenant moving in was a family friend and his wife’s extended family. I accepted this. However he moved out at the beginning of the tenancy and continued to sub let the property out. The council tax was not paid and now the council are chasing me for the payment. Although the property is not meant to be a hmo it is currently used as one. I’ve tried evicting the occupants through the courts but thats on going. Im awaiting a hearing. Any advice i’d be eternally gratefull

  • Hi Matthew,

    I have a 5 bed H.M.O in Dundee where all the tenants are students on a joint tenancy agreement with no bills included or meals supplied and it’s been like this since i bought the flat 3 years ago. Recently the council sent me a letter asking if the tenants cook together or individually, did they all know each other before they started the tenancy and do the pay their rent collectively or individually. I told them the same deatails as is stated at the start of this letter, and they have now written back saying because it’s an h.m.o. i have to pay the council tax! It was the council that stated i had to be an h.m.o. in the first place to rent to students ??!! Are they correct as i’ve never had this problem before and neither do any of the other h.m.o landlords i know or are the rules different north of the border?

    any help would be gratefully appreciated.
    Thanks.

  • It is worth pointing out that a HMO is defined differently in Housing law and Council Tax Law.

    The exact definition can be found in obscure law called The Council Tax (Liability for Owners) (Amendment) Regulations 1993 (as amended). A slightly different law applies in Scotland, but the wording is generally similar. In a nutshell a property is a HMO if the tenants “do not constitute a single household” and only pay rent for part of the property (whether singly or jointly). Both conditions have to be met before the owner pays council tax on the property as a HMO.

    An AST singed by all the tenants for the use of the whole property should mean that the tenants would pay the Council Tax. Whether the rent is all-inclusive and how the tenants determine to share the property amongst themselves, should not have any relevance when determining whether the residents or the owner pays the Council Tax. It is worth noting that ‘an owner’ according to Council Tax law is either the freeholder OR a person(s) with a six month leasehold interest, i.e. someone with a six or 12 month AST (so your tenants may be responsible for paying for a fixed period in any case).

    If you do not have much assistance from your local council, you can and should make an appeal to the Valuation Tribunal to adjudicate on the matter.

    PLEAS NOTE THIS INFORMATION IS FOR GUIDANCE ONLY.

  • Hi Matthew,

    My situation:

    6-bed council authorised HMO, rented to students, 1 ceases to be a student so whole property becomes eligible(-25%)

    Tenancy contract states tenant’s are responsible for Council Tax. Tenants refuse to pay Coucil Tax. At end of tenancy the DPS refuse to return the deposit to me stating:

    “Please advise the landlord that it is not lawful for the landlord to seek to pass their binding statutory obligations onto the tenant by means of a contractual liability. The conclusion reached in this decision was therefore reasonable and soundly based upon the evidence presented.”

    What do you reckon?

    Regards,

    Jeff

  • I am a laqndlord with a portfolio of property in Fulham,Southark,and Merton.These properties are all into s.c studio or one bedroom flats with no sharing of any facilities, own bathroom, own kitchen,but no separate council tax, with me paying all the bills, except electricity which tenents paid via a slot metre in their flats.About 3 years ago I had to borrow some money on portfolio but the bank would only agree to a loan,if I would apply and get a lawfull development certificate which i would get if I proved to L A that the flats had been in existance for more then four years which was done, so I got my L.D.C.The problem is that Mertton council are now demanding 4 years council tax for the flats as they are now some 30k of course I had paid the council tax on the property, as it was banded over the year, the contract for the ast said that the council tax were includede in the rent, at first the council said that that that was private agreement between landlord and tenent and was no concern to them and that we should supply the list of tenents for the last 4 years and that they will chase them for council tax ,and then they changed their mind and told us that I as a landlord am responsible for council tax what I am wondering id what happenned to order of prioroty for council tax surely i as a lanlord come at 6 for liablity for council tax can any body please help with this dilema

    Thank in advance

    s.ansari

  • hi there, I’m not sure on exact status of law but if you’ve been paying the council tax then surely you’d be liable but I wasn’t aware they could backdate a council tax demand back that far? You need specialist lawyers to look into this for you – good luck!

  • Jeff, difficult one. Chase the tenant for the debt via CCJ and Guarantors ( you did get a guarantor right? ) and pay back DPS. Or go to arbitration with them on it!

  • Paul, I’m not as up to date on scottish regs so I can’t really comment but would advise you speak to a specialist lawyer on this – sorry – good luck! This is nonsense if they are students and can sign a student declaration but good luck!

  • I have a licenced HMO basically a regular house used as bedsits all self contained but with shared bathroom, washing machine and garden. Have turned a few into studios ie added shower/WC but there is still a shared washing machine and bathroom available for use. One boiler for the whole house.

    All bedsits/studios let on seperate AST’s all inclusive apart from electrical coin meter in each room.

    Was always paying one council tax in my own name but now local inspectors have left a card requesting details. They obviously want to try and split it.

    Does anyone know if a licenced HMO woud have seperate council tax bills for each flat paid by the tenants or one for the whole house paid by me?

    If it gets split the tax on the house would rise substantially unless I only took students. So counci would lose out if I only took students or gain if I only took working people.

    I would prefer to keep it as one bill and pay it as more attractive to tenants to have it all incusive,

    If anyone has an answer I would greatly appreciate it.

    Many thanks

  • Hi,

    I don’t know if you can help, but I have been having some difficulties with Coventry City Council over council tax for a property from April 1994 to October 1995. I was on benefits and my council tax was paid by them, however another tenant that lived in the shared house owed monies from this period. As they cannot find him, or rather refuse to look for him, they are taking money from my benefit and have been for about two years now. I only found out when I recently got a letter of deductions and enquired as to why they were taking the money.

    I have been in contact with CAB and following advice, I wrote a letter to the council tax, stating that firstly it was a case of HMO and also that I believe that I had actually moved from those premises by that time, however they are now saying that I need to prove this by way of a tenancy agreement, I thought that in the British judicial system, if they are taking money from me, then they should prove that I owe the money, instead of me having to prove that I don’t.

    I suffer from mental and physical health problems, and as part of this my memory is an issue, so I don’t even remember the landlord companies name, though I know that the company no longer exists and the owner is now deceased, so obtaining any copy of a tenancy would not be possible.

  • hi AH, its a difficult one this but would recommend you look at the council tax regulations in your area on how they view shared houses vs hmo’s.

    Often when you have converted properties into seperate dwellings, these issues do arise so you need to prove that there are still communal areas that are used

  • Jon, difficult one. I’d recommend continuing talking to CAB and getting some legal advice – this isn’t my area of expertise.

  • Hi MAtthew,

    i was renting in a house of a friend’s friend and was told the council tax was included in the rent, and that the only thing to pay separately was the electricity which was in the form of a top up key.
    I paid all rent always on time and didnt have any problems with the landlord. All of a sudden, he demands I pay council tax for the past 3 years that i lived in that house. I declined as I thought it was unfair as all this time I thought i had been doing that, and on top of that other people before me never payed either. We didnt sign any contracts and it was all verbally done.
    I just want to know my rights , should I pay the council tax or should tha landlord pay it?
    thank you!

  • Hi I rent my property to a full time student and an unemployed person who had received Council Tax Benefits for a year before the council decided the property was an HMO.

    The advice given by the council has always been that a property is exempt from being an HMO if it is occupied by no more than two individuals. But they are now claiming that for the purpose of Council Tax it will be considered an HMO and I am responsible for the Council Tax.

    They have applied a 25% student discount but nothing for the unemployed tenant whose tenancy stipulates the tenant is liable for Council Tax payment.

    This appears to be nothing more than a recent innovation by the council to raise funds at the cost of even those who live below the breadline.

    I am due to appeal the decision. However any advice would be very helpful. Thank you.

  • Ok I have a bit of a query. I’m currently living in a house with multiple tenants each on a seperate contract from myself to rent out rooms within the house. We all share bathroom and kitchen. I understand this should be down as an HMO.

    However recently I’ve had a lot of letters from the local council saying that because my bedroom is ‘on their system’ as a FLAT I now have to pay them council tax.

    I was told about this months ago by my landlord however I told me he had appealed against it and therefore I didn’t have to worry about it.

    Months have gone by and now as I say I’m receiving mail saying I have outstanding payments. I’ve asked other residents in the house, they haven’t been asked for council tax.

    Apparently the house was evaluated back in 2009 whereby my room was passed as a flat. I fail to see how my room could be a flat, it’s the only room built on a split floor.

    However my contract has and still is renting a ROOM, my address on the contract is ROOM 3, not FLAT 3. Now I’m getting billed with court charges too.

    I think the problem is the landlord has not registered the property as an HMO however why is this my responsibility to fit the bill. Lambeth Council have also stated they cannot guarantee a refund if I pay the money and still win the appeal.

    It’s all a bit confusing really. I’ve tried to get in touch with the housing valuation committee but they’ve sent me out a form with a load of jargon on it I don’t understand. When I ring them they tell me they will get back to me within 24 hours, often I’m unavailable so then I ring them again and get delayed again with 24 hours.

    So… Am I liable for this sticky mess or is my landlord liable?

    Kindest Regards

    Sam

  • This is the fitting blog for anybody who needs to seek out out about this topic. You realize a lot its nearly hard to argue with you (not that I truly would need…HaHa). You undoubtedly put a brand new spin on a subject thats been written about for years. Nice stuff, just great!

  • Does full-time student status provide exemption from council tax only for tenants or also for the landlord?
    I am a full-time student who has inherited a 5 bed property.
    If I let it to students and live somewhere else, I understand they could claim exemption. But what if I move into the property and let the other bedrooms? Does my full-time student status mean I am exempt, or as an HMO landlord, am I liable?

  • Hi Matthew,
    Thank you for a very interesting and informative Blog. I am looking through the posts in search of an answer for my specific queries and have to be honest, find (from my ignorant perspective anyway lol!) the law and the answers completely ambiguous – maybe that’s just me or just the way it is…

    My queries are:
    1. I have recently bought a 3 bed freehold property close to a university, have refurbished it and now it is ready for prospective tenants. Ideally I would like to get in 3 students, get them to give me a council tax exemption form from the uni, and present this to the local council. However, I was wondering how would things stand if I rented out each room separately to working people (i.e.. if I stipulate in the Shorthold Tenancy Agreement that they are liable for any council tax and that I, the landlord AM NOT) does this definitely mean that I would not be liable for any council tax should they default on c/tax payment at any point?
    2. If I was to rent to 2 students and 1 working person (with the shorthold tenancy agreement again stipulating that they were responsible for any c/tax etc as above), would the 1 working person have to pay the FULL C/tax for the property, or would they pay 1/3 of the normal c/tax charges (as the charge for the other 2 tenants would settled by the C/Tax Exemption Cert they would supply as students)?
    This is a very important point as if the working person would be liable for the whole amoint of C/Tax it is unrealistice that any working person will want to rent in such a case. However if they would only have to pay their “fair share” then it opens up a wider potential market for whom I can rent to / would want to live there.
    3. What is the definition of HMO? I have looked and my understanding is a property where 4 OR MORE non-related people live, have separate bedrooms but may share common areas (e.g.. sitting room , bathroom, kitchen). If this is right then having 3 separtate tenants in a 3 bed property would not be viewed as a HMO….?

    Your opinion and advice would be greatly appreciated 🙂

    Damien

  • Hi Ian, quiet enjoyment is not nscseearily giving a noise free environment. It is allowing the tenant to remain in the property without disturbance from you, the landlord. However a landlord cannot be held responsible for something done by another tenant or neighbour.I talk a bit about quiet enjoyment here Tessa Shepperson recently posted..

  • I am a tenant paying my council tax regularly. But one of my family friend has moved in 3 months ago.
    I was not aware that even she has to pay council tax. Currently 2 people are staying in the house.
    What could be consequences now ? How much could be the penalty ?

    How we have to rectify the damage?
    Please help.

  • I have recently moved into a room within a HMO, I have an en-suite bathroom but share two kitchens with 7 other tenants, I do have a kitchen area in my room consisting of worktop with splash-back but no power outlet, a fridge and a sink without a drainer and small worktop with cupboards.
    I have now received a notice from the VOA stating that the property has been banded in council tax band A.
    Who us liable for the council tax in this situation?
    Thanks in advance for the advice

  • {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}

    Get in touch

    Name*
    Email*
    Message
    0 of 350
    >