Do I have to pay council tax for my flatmates?

[marcusmei]

I'm German and not very familiar with scottish council tax law. I used to live in a flatshare in Glasgow with 4 students and another person who was a fulltime employee. I had a fulltime job too. When I moved in my flatmates told me there was no council tax to pay, so I didn't pay any. Now, two years after I moved back to Germany, a council tax bill was sent to my moms address in Germany, claiming the full council tax for one year (2300pounds). Concerning my former flatmates, I don't have any contact with them. Therefore I don't know if they received the same bill and if they have the papers to proof that they were students at that time. The flatmate who was an employee has moved back to Africa, therefore I think it 's very unlikely that he will pay any money.

Now I don't know what to do. I don't think it 's right that I should pay the whole sum. I would be willing to pay a sixth as this was the share I had in the flat. So I called the council tax office to offer to pay a sixth. But they replied that I still might have to pay the rest. Now I'm afraid the council might ask for the whole amount once I start paying (and admitting that I'm obliged to pay).

None of the council tax letters was sent w ith a delivery conformation, so if my mom wouldn't live at that address I woudn't even know about the letter. And my mom may as well have thrown them away. What would happen if I don't do anything? I don't have many assets in the UK, just the money I paid into a pension scheme and a bank account with 100pounds or so. Could they get hold of me or my bank accounts abroad?

By now my mom received 3 letters the last one being a reminder saying that application to sheriff court for summary warrant will be made if I don't pay.

Am I obliged to pay the whole sum?

What would happen if I don't do anything?

Is there a limitation of council tax ?

 

Thanks for any comments!!

[IdaInFife]

We need some more info on the accomadation?

 

Was it a flast share?

 

So you still have your tennant agreement? if so doe sit mention anything about council tax there?

[marcusmei]

Hi there

It was a flat share with HMO licence. 6 people, 6 rooms. 4 students and 2 employees.

 

I must have thrown away the tennant agreement as I didn`t expect anything to happen after more than 2 years

 

Sorry that I don't have any better information..

[Dotty50]

If it is the same as England?

 

Students are usually exempt from council tax for the duration of their course and the Uni will provide a certificate for this purpose.

 

If someone employed joins a student house share the council tax becomes payable by that person but discounted by 25%.

 

My son has recently completed his studies and been lucky enough to find employment, he has remained in the house he has shared whilst being at uni and this is what happened to him.

 

As far as the tenancy agreement is concerned, it would probably have stated that any bills payable would be the responsibility of the tenants and any outstanding amounts could be claimed by the landlord from any of the tenants if there was a joint and several liability.

[Dotty50]

http://www.google.co.uk/url?sa=t&rct=j&q=council%20tax%20in%20scotland%20a%20guide%20for%20students&source=web&cd=1&ved=0CDIQFjAA&url=http%3A%2F%2Fwww.scotland.gov.uk%2Flibrary3%2Flocalgov%2Fctst-00.asp&ei=9qvKTtveEcau8gObzuTUCw&usg=AFQjCNHarzg_36O9_kQIG5iPqNzW9bJE-g

 

Just found this which may help

[bluedogx]

http://www.google.co.uk/url?sa=t&rct=j&q=council%20tax%20in%20scotland%20a%20guide%20for%20students&source=web&cd=1&ved=0CDIQFjAA&url=http%3A%2F%2Fwww.scotland.gov.uk%2Flibrary3%2Flocalgov%2Fctst-00.asp&ei=9qvKTtveEcau8gObzuTUCw&usg=AFQjCNHarzg_36O9_kQIG5iPqNzW9bJE-g

 

Just found this which may help

 

Yes dotty it's the same here. On this occasion though there were two employed people in the flat. The council tax is joint and severally owed by both and no discount applies here as the 25% is a single adult discount.

The OP is therefore liable for the full amount.

 

B

[Dotty50]

Hi bluedogx thanks for clarifying this, I guess it won't be what the OP wants to hear but at least he knows.

[marcusmei]

So I have to pay the whole amount of 2300pounds for 6 people? Is there no way out of this?

[Dotty50]

As Bluedogx states, the two employed tenants are jointly and severally liable, which should be a 50/50 split but if you cannot get in touch with the other employed tenant you could be liable for the full amount. Can you get in touch with the tenant that went back to Africa and see what they say?

 

Whether it could be collected as neither of you live in this country, is a different matter!

 

You could try offering half and give them the contact details of the other tenant to collect the rest.

[ray_gamba]

MarcusmeiIf the dwelling was an HMO the landlord would be liable for Council Tax

[Dotty50]

And any tenant would normally be liable for bills payable during the tenancy, which would include council tax, gas, electricity, water etc.

 

There is usually a clause to this effect in the tenancy agreement.

[ray_gamba]

It wouldn't include Council Tax if an HMO. The landlord is always liable. Extract below from City of Edinburgh Council

 

If you live in a ‘house in multiple occupation’ (HMO): there will be one Council Tax

bill for the whole house and the owner or landlord/landlady will be liable. An HMO is

where different households occupy the same building but share certain facilities such

as a bathroom or kitchen. A house converted into bedsits would normally be an HMO,

but a self-contained flat, where the only shared area is an entrance or hall and stairs,

will usually be treated as a separate dwelling for Council Tax purposes.

[Dotty50]

Yes I appreciate it was an HMO ray but the OP original question was about students and whether they are liable, which they are not, however someone within the house was working and it is at that point the Council tax becomes payable.

 

You're in Scotland so things may be different but my kids both lived and still are in HMO's and the tenancies state that ANY bills are their responsibility and let's face it, what LL's are going to be paying up council tax bills for their tenants?

 

One son is now working after graduating and stayed in his student house so has to pay council tax (discounted but still at lot) I'll suggest he asks his LL to pay but I think I can guess what the response will be!