council tax liability for HMO
HMO Licensing

pcworld
pcworld
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6 Posts
5 months ago
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I believe that the regulations about council tax liability for HMO changed on 01 December 2023. It appears that the landlord is now responsible for paying council tax on any HMO including those where there is a single joint tenancy agreement. Is this correct?

If so then can a landlord demand council tax from the tenants during the current tenancy agreement if it is mentioned in the AST that they are liable for council tax or liable to reimburse the landlord if the landlord pays? What happens if there is no such clause in the AST - can the landlord demand council tax from the tenants from the point at which the landlord starts to pay the tax or is it an extra liability on the landlord until the end of the AST?

Can a landlord include a clause in a new or renewal AST requiring the tenants to reimburse the landlord for council tax? If not can a landlord include a clause that indicates that council tax is included in the rent - with the rent being increased by the relevant amount?

Is it the responsiblity of an HMO landlord to contact the local authority to arrange the change in council tax liability or is it up to the local authority HMO team to contact the landlord and / or tenant?

Paul

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