Student and non-student in same property conundrum?

Student and non-student in same property conundrum?

Student landlord periodic tenancies agents property118.com
9:19 AM, 1st July 2024, 2 years ago 12

Hi, probably an apt question at this time of the year. Student tenancy agreements can run until late June, July, August or even September.

Students become liable for council tax from the day after they formally stop being a student. This could be when their course officially ends, some as early as mid May, or the day after they abandon it or get dismissed from their studies.

Some local authorities require ALL the students in the HMO to be registered students, not some students are and some are not, for the property to be Council Tax exempt.

ie If a non-student moves into the HMO or an existing student abandons their course, a liability is created. In this case, the responsibility to pay the council tax falls on the tenant(s) rather than the landlord BUT if you have a professional tenant in an HMO, it is generally the landlord’s responsibility to pay the council tax for the building.

However, if a non-student in the property is working are they a professional tenant? Is the landlord liable for the property’s council tax liability?

Is the property no longer a student HMO and ALL students or the landlord liable for the property’s council tax liability?

Any advice would be greatly appreciated,

Judith


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Comments

  • Member Since August 2015 - Comments: 342

    11:40 AM, 8th July 2024, About 2 years ago

    Reply to the comment left by DPT at 07/07/2024 – 14:38Council Tax does not ‘fall to that individual’. The tax is on the house so anyone or all could be liable in a Joint and Severally liable lease.

  • Member Since October 2020 - Comments: 1180

    6:35 PM, 8th July 2024, About 2 years ago

    Reply to the comment left by Yvonne Francis at 08/07/2024 – 11:40
    Except the students can decline to pay it and the Council won’t pursue them due to their exemption. They will only pursue the non-student tenant. That person could attempt to sue the other tenants, but I don’t think they’d win and the students probably don’t have any money by the end of the year anyway.

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