Separate tenancy Agreeement - Council holds Landlord Liable - Clause in my contract says I have to pay council tax

[York999]

Hello, we all have a separate contract with the landlord. The council tax says that he is liable to pay however, one of the clauses in the contract is :

 

"You must pay for all electricity, gas and phone bills, water charges and Council Tax relating to the property that apply during the period of the tenancy."

 

I would like to know if this clause overrides what the Council said. Initially, my landlord kinda tried to get me to pay the tax for the next year as well (I am only living there as a non-student for 12 months).

 

I am not a student. I live with two students. One of them stopped being a student and moved out messing up with the discount one receives from the Council since he stopped being a student.

 

I do not want to pay the council tax and if I have to pay, I don't want to pay an extra 200 pounds.

[stu007]

Is the Property classed as a House in Multiple Occupancy (HMO) with the Council?

[York999]

Yes, I believe so. Everyone has different rent, our own private rooms and we share the kitchen and the bathroom.

 

Not sure if it is relevant but one of the other two people living with me stopped being a student last month.

 

Thanks again for replying btw.

[stu007]

You need to get confirmation from the Council that the Property is registered as a HMO Property with them.

 

So you think the property is HMO you have your own private room (I assume a bedroom) is the door lockable?, and you share the Kitchen and Bathroom facilities.

 

As you have not had a lot of responses I think this may be better in the Residential Forum so I will pop your thread over there, it administrative so there is nothing that you need to do.

[mariner51]

Council Tax requirements for being an HMO appear different than for Housing Regs. Property with3 ind TAs with own room demised appears to qualify. LL resp for full C-Tax with no student exemption, unless ALL occupants are students. This leads me to think at one time they were and OP may have replaced one of them or was that prior student.

IMO the clause quoted indicates that rent does not include C-Tax and LL can apportion his C-Tax bill for property IN ADDITION to rent (akin to service charge. The main loser will be the student.

Indeed the clause is standard for AST, even if LL liable to pay c-Tax on HMO

 

IMO OP cannot avoid his individual C-Tax liability whether required by Council or LL.