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I've been renting my current home since December 2006. For the majority of that time I worked but have claimed Housing/CT benefit for the last two years. My local council has now closed my CT account and transferred liability to my landlord, resulting in an initial bill for him of £2,300. This bill has subsequently been reduced to £1,600 now that the council has taken into account the fact that I have been the sole tenant since October last year and a new CT bill has been issued. (I have been the sole tenant paying full rent for all but 8 months of my 8 and a half year tenancy.)

 

 

On the council's advice, my landlord issued separate tenancy agreements for myself and my housemate for 3 months in 2013 and for 5 months in 2014. (I needed someone to help me pay the full rent whilst I was unemployed/setting up my own small business.) The council now classifies the property as a HMO but only two people max have ever lived here at the same time.

 

 

The council refuse, however, to remove liability for CT from the Landlord during the 12 months (between housemates) whilst I had sole tenancy of the property and was fully responsible for the CT liability.

 

 

All the council tax for last two years had been paid but the council has now refunded all those payments and split them proportionately between myself and my ex-housemates.

 

 

The council are classifying the property as an HMO -- (under the CT regulations, not the Housing Act) in perpetuity. Obviously, this is so wrong. I have sole tenancy and full use of the whole property, have received a CT bill from October last year and am making weekly payments until my CTR is calculated, As tenant, I alone am liable for my council tax liability not my landlord.

 

 

I have no idea how the house can be classified as a HMO with the landlord/owner being liable for CT whilst, at the same time, I have sole tenancy and have also been issued with a CT bill.

 

 

The council has refused my appeal and that of my landlord.

 

 

Can anyone with any relevant knowledge, please advise how to deal with this.

 

 

Many thanks

 

 

 

 

Imp

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  • 2 weeks later...
I have no idea how the house can be classified as a HMO with the landlord/owner being liable for CT whilst, at the same time, I have sole tenancy and have also been issued with a CT bill.

 

Did the tenancy give you sole use of the entire property and sole responsibility for the entire rent on the property ?

 

If you believe it's not a HMO then the only way to fight it is to first for the landlord to dispute the charge with the council and then appeal to the valuation tribunal for a binding decision.

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