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DD has got herself into a state about renting. can anyone help? advise

29 replies

GaryBaldbiscuit · 05/12/2018 06:49

She moved into a house share in the spring, already there were tenants there, but one moved out she she took her place
for a variety of reasons she decided to move out and signed a contract at another houseshare. she agreed to find another tennant.
this has not happened.
she now pays rent for both. she did get a tennant who was never official and moved out after 6 weeks.
Everytime she tries to find someone the landlord and letting agency drag their heels, and pass the buck, and the tenant changes their mind.
The landlord's response is simply it is a legal issue.

what on earth can she do?

OP posts:
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MarchingFrogs · 09/12/2018 09:36

The property is liable for Council Tax. When all tenants are students, none is actually payable, if they claim the student exemption. Once there is a non-student tenant, Council Tax is payable, but the household can claim the single person discount of 25% ( not if e.g.the room were to be let to a non-student couple). Who actually pays the Council Tax is up to the residents (split equally or make the non exempt person pay it all etc).

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Dragongirl10 · 09/12/2018 09:49

I am a LL although l don't let student houses so am not an expert....

What l can say is that her tenancy is a legally binding document and whatever it says (and she signed) goes.
If you cannot understand the agreement, ask a property solicitor to clarify whether or not she has a break clause and the correct way to implement it.

She should never have left the first house share without first finding a replacement, and going through all the required checks and approvals...however long it takes. Lesson learned.
This is why it is so important to take the time to really understand the implications of the document you /she signed.

I go painstakingly through tenancy agreements with my tenants myself, explaining their rights and responsibilities and mine, and THEN ask them to seek independent advice....which they never do!
and these are people between 25 and 45 usually......
She should calm down, treat it as a learning curve, NOT leave her course, ask the university for help and get indepenent advice if it is still not clear.

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KanielOutis · 09/12/2018 09:50

The advice about council tax is incorrect (I work in Council Tax). Students are not liable for council tax. If the whole house is students, they are all names on the bill, but there is nothing to pay. If one is not a student, just that one is named on the bill, and only that one would be pursued for payment. They get a 25% student disregard discount. If there are more than one none student, it's full charge with the non students liable.

Unless the property is empty, only occupants are liable for the bill. It's called the hierarchy of liability. So if your daughter lives elsewhere, regardless of having two overlapping tenancies, she would not be pursued for both lots while both properties are occupied.

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MarchingFrogs · 09/12/2018 10:38

@KanielOutis, apologies, if you mean my advice was incorrect - I assume you mean te who actually pays, since with the exception of whose name appears or not on the bill (which I didn't mention) I think I actually said the same as you? i.e one non-student taking the room = full amount due, less reduction / non-student couple = no reduction.

What I meant was, the group can decide to make the 'liable' person pay it all him/herself, or they can decide to treat it as a whole group bill. Admittedly, they would have to be pretty generous folk to offer this, but I would assume that the council doesn't really care whether the one who has to pay them has contributions from his / her housemates?

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