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I was thinking of the soon to be stricture that any property occupied by 3 or more separate people or households will be deemed to be occupying a HMO which means the type of tenancy agreement doesn't matter.
The LL being responsible for any HMO..
But a lot of this is all so much conjecture until Govt comes out with the new Housing Act.
The uncertainty this causes will result in many LL holding off from further HMO investment.
The goalposts seem to keep on moving, it is hard to set up a long term business while uncertainty persists.
Unless (and until) legislation is changed then you can call a property a HMO for whatever reason but it still must meet the Council Tax definition - if it doesn't then it's not a Council Tax HMO.Craig / lgfa92
http://www.LGFA92.co.uk council tax consultants.Posting as @CouncilTaxGuy on TwitterWhy not look at our blog at http://www.lgfa92.co.uk/blogAny posts are my own opinion on legislation and may vary from your local authorities !
If you rent out a property to several people and they each have an individual tenancy agreement with you, the property is classed as House in Multiple Occupation for Council Tax purposes. You, as the landlord, will be responsible for paying the Council Tax and you will get the bill.
Jed FazalSpecialist in Guaranteed Rent & Property Management services
To begin with, your property is a house in multiple occupation (HMO) if both of the following apply: at least 3 tenants live there, forming more than 1 household share toilet, bathroom or kitchen facilities with other tenants
A household is either a single person or members of the same family who live together. A family includes people who are:
married or living together - including people in same-sex relationships relatives or half-relatives, eg grandparents, aunts, uncles, siblings step-parents and step-children.
Landlord will always be liable for council tax where the property is rented as an HMO.
None of the flats round my way which have more than 3 tenants on one AST have LL paying council tax.
Most of the flats have at least 3 single person households.
The tenants will always pay
East Herts Council only allows two people on the CT bill.
But as we know HMO regulations are due to be changed with some councils having additional licensing.
Personally I will NEVER register any of my flats as HMO, nor will I pay any HMO licence fee.
There is simply no way that East Herts Council will be able to detect how many households occupy my purpose built flats.
I certainly won't be telling them!
For a council tax point of view they can simply serve legal notice on you to provide as much information as they require to determine liability if they think it may be wrong - each time you fail to provide if after the initial request it they can add a penalty of £280.00.
Showing only two names on a demand notice is simply and administrative convenience due to the practicalities of space on the notices but unless they also have a note somewhere else on the demand that XXX is also jointly liable then they are making life very difficult for themselves if someone doesn't pay.
Craig / lgfa92
As long as councils are paid the CT they aren't much bothered who is named on the bill
I've had fraudster tenants on bills, before RTR regulations
The council has never recovered from my fraudster tenants and neither have I!!
Councils will inky start taking the measures you state if they don't get paid which is fair enough!!