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Council Tax Nightmare
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Hiya,
Really need some advice, partially to do with relationships and partially to do with a council tax issue. I'll try and keep this brief.
When I was a student I lived in a house which was shared. We each rented our room on an individual tenancy agreement. I signed onto the council tax and took down my exemption letter and nobody else who lived there ever bothered to put themselves on the council tax.
When i graduated I asked me landlord about council tax and he said it had been included in my rent all along. I started getting bills and the council, when i spoke to them, said it was fine and everything was sorted with the landlord. I told them I moved and thought nothing of it for 2 years.
Two years later I'm getting letters and threatening baliffs letters from the council about an outstanding amount from when I graduated. It's got the point where I will not be held liable for this amount if I can prove the property is an HMO. I've managed to get one of the people who I used to live with to send me their's which is great but in order for it to be an HMO it needs to be three seperate tenants and not just two.
Another friend has said he has his and will give it to me, but his mum has it and wants it all in writing why I need this etc etc so they can't get any backlash. There's been toing and froing between him and myself for the last two weeks and I still haven't got this piece of paper. My whole case rests on this.
I've provided him with everything he has requested, I know he has it but I can't even get him to answer a message or a phone call now.
I've been to Citizen's Advice and they've said without these tenancy agreements to show it was an HMO I can't do anything at all. The council has had a search company onto me (even though I've never not been registered on any council tax or electoral register).
I am really at a loss of what to do now. I've got the threat of baliffs looming if I can't prove this, I can't afford to cough up the money all in one and don't feel like I should have to considering I wasn't the only person living there (all the other people were only part-time students).
Anybody got any advice of what I should do or at least any legal ways I can prove that it was an HMO and clear my name?
Thanks
Really need some advice, partially to do with relationships and partially to do with a council tax issue. I'll try and keep this brief.
When I was a student I lived in a house which was shared. We each rented our room on an individual tenancy agreement. I signed onto the council tax and took down my exemption letter and nobody else who lived there ever bothered to put themselves on the council tax.
When i graduated I asked me landlord about council tax and he said it had been included in my rent all along. I started getting bills and the council, when i spoke to them, said it was fine and everything was sorted with the landlord. I told them I moved and thought nothing of it for 2 years.
Two years later I'm getting letters and threatening baliffs letters from the council about an outstanding amount from when I graduated. It's got the point where I will not be held liable for this amount if I can prove the property is an HMO. I've managed to get one of the people who I used to live with to send me their's which is great but in order for it to be an HMO it needs to be three seperate tenants and not just two.
Another friend has said he has his and will give it to me, but his mum has it and wants it all in writing why I need this etc etc so they can't get any backlash. There's been toing and froing between him and myself for the last two weeks and I still haven't got this piece of paper. My whole case rests on this.
I've provided him with everything he has requested, I know he has it but I can't even get him to answer a message or a phone call now.
I've been to Citizen's Advice and they've said without these tenancy agreements to show it was an HMO I can't do anything at all. The council has had a search company onto me (even though I've never not been registered on any council tax or electoral register).
I am really at a loss of what to do now. I've got the threat of baliffs looming if I can't prove this, I can't afford to cough up the money all in one and don't feel like I should have to considering I wasn't the only person living there (all the other people were only part-time students).
Anybody got any advice of what I should do or at least any legal ways I can prove that it was an HMO and clear my name?
Thanks
0
Comments
He will do, but if I prove this then the responsibility of the bill goes to him in addition to a potential fine for not getting a license. Really doubt I'll be able to get anything out of him!
This must be an annoying situation for you, especially as you moved out of this place two years ago.
However, to prove this was a HMO you can continue to pursue the third tenant for their agreement. Maybe just ask them for a photocopy so they retain all their original documentation?
Also, all HMO's need to be registered with the relevant local authority. Therefore, if you contact the local authority that the house is in, they should be able to confirm whether the landlord was granted a licence for that HMO. I'm not entirely sure, however, if local authorities are allowed to disclose this information as each local authority will have a different process.
Therefore, you could also direct the council tax department to check if it was a registered HMO (as they're in the same council they should be able to find out).
Lastly, if you were a full time student, you would be exempt from council tax too. Therefore, if you have proof of this you can also show the council tax department and then hopefully be let off for the debt that they think you owe.
Hope this helps.
You imply this by saying the others were part-time. The evidence you need is a document signed by the university or on university stationary. Most universities have a proforma for this. If there's any way you can get to your university to acquire a copy (or if you have one from when you were there) that should exempt you from all charges.
Your transcript, showing your dates and full-time status, might be enough.
If the house is in multiple occupation then the owner is always liable for the council tax, rather than the tenants. Therefore you need to show that the house is a HMO to avoid liability. If you cannot show that the house was a HMO then you are 'joint and severally liable' with the other tenants for the council tax and the council can choose to enforce the debt against one of you or all of you.
A house is in multiple occupation if there is at least three people living there and more than one separate household living in the property (e.g. three single people living independently) and, in addition, there will often need to be evidence of some adaptation for living independently (e.g. locks on the doors).
I would write to the council with copies of the tenancy agreement for your friend and also give them the name and address of the friend who won't cough up the tenancy agreement. You should point out that you consider the house to be a HMO and that if you receive further threatening letters you will make a complaint to the Local Authority Ombudsman about the matter as the council should have obtained information about all the tenants from the landlord/letting agent. If you were previously told by the council that your tax affairs were in order you should send a copy of that letter or say when the telephone conversation took place.
As I understand the OP, the debt is from when she was a student. Looking at the question, it looks as if she even proved exemption at the time so I'm not sure why the council are chasing her for it :yeees:
But I agree with AR (because he is the font of all knowledge in this area anyway!) that you should totally send the council after the housemate who won't answer his phone. You can't let his obnoxious behaviour get you into trouble.
Basically the timeline goes like this:
First day of course to last day of course- automatically exempt as a full time student. No liability.
Last day of course to day you move out- not a full time student. Liable, jointly and severally with all other tenants, for the council tax. The council can chase one tenant, or all of them, as the tax is jointly and severally liable.
The only exemption to this is if the house is a HMO. If the house is a HMO the owner is liable for the council tax regardless of who is living in the property. The owner can charge you the tax in your rent, but you are not liable to pay this directly to the council.
In your letter you should also point out that the owner was charging you council tax as part of your rent, and that this also indicates that the house was a HMO and that you are not liable. Point out that further chasing of this debt is maladministration and that you will complain to the Local Authority Ombudsman if the maladministration is not rectified.