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Council Tax Benefit while on individual tenancy agreements


cylon
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I have a tenancy agreement in a house with a student tenant. Each of us has had a separate tenancy agreement with the landlord, we were paying the council tax.

 

I recently went to claim council tax benefit. As I have been off work and I am getting SSP and entitled to CTB. My Benefit office said that the Landlord would be liable to pay Council Tax and since then the Council Tax Office has sent the Landlord a bill.

 

It says in our contract with the Landlord that we must pay all bills including Council Tax.

The landlord wants us to pay him now the money for the council tax as it says that in the contract with him.

 

Can I still get Council Tax Benefit as I will have difficulty paying, would the student still be able to get a reduction if the Landlord pays the council Tax and we still have individual tenancy agreements?

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YOu have to find out whether your house is classed as a House of Multiple Occupancy (HMO), which if it is a student house is likely. If it is then your LL is indeed liable. As you have no liability then you wont be able to claim CTB, you cant claim for something you dont have to pay!

Most LL who have HMO's factor it into rent amounts.

 

If it isnt a HMO then the occupant(s) are liable, however as your flatmate is a student he has no liability either, it would be down to you to pay it. I think the next port of call is the Private Sector Housing team at your local council who will let you know what kind of 'house' you live in and work it out from there.

The COuncil Tax peoples are not going to give you CTB if they dont consider you liable for the bill!

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In this situation, my understanding is that the extra money owed to the landlord for the council tax is effectively an eligible service charge and can be covered by housing benefit.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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