How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11028
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

If I went abroad and then rented out my flat as a holiday

Resolved Question:

Hello. If I went abroad and then rented out my flat as a holiday let with start and end dates less then 6 months duration do i need to register as a landlord and is the property liable for hmo regulations?
Assistant: Where are you located? It matters because laws vary by location.
Customer: edinburgh scotland
Assistant: Has anything been filed or reported?
Customer: the council suspect it as an hmo property
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: thats the crux of it
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
I have paid full council tax rates since moving abroad in sept 2012. I had several lets. Some were exchange students others on holiday. Since my return Oct 2015 I claimed student exemption for period april 15 to sept 15 then single occupency for myself as sole resident. The council have now charged me for the period of exemption and suspect the property is hmo.
can i claim council tax refund for the periods occupied by students?
or
if i pay will this go away or will i then be fined for failing to register as a landlord in 2012?
Expert:  JGM replied 5 months ago.

Thanks for your question. I am a solicitor in Scotland. You don't need a landlord registration for holiday lets nor do you need an HMO licence. I would not try to claim student exemption if you weren't registered at the relevant time as they could prosecute for not being registered as a landlord. Put that down to experience. If the property isn't an HMO then just tell them that and that you are the only occupier. Note that the holiday lets have to be bona fide holiday makers and not tenants living there as their home, such as students. The onus will be on you to prove that if you are challenged so make sure you keep copies of properly worded holiday let contracts and that your website or that of your agent specifies holiday lets. Be very careful with Edinburgh City Council. That will come after you if they even suspect you are in breach of the various laws as you have already seen. I hope that helps. Please leave a positive rating so that I am credited for my time.

Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you.

How long will you be away?

Customer: replied 5 months ago.
Hi Jamie. JGM answered before you and advised that a student cannot be considered as a holiday guest. Therefore I will pay all council tax for the period in question.
Expert:  JGM replied 5 months ago.

I think my English colleague may not have noticed that you are in Edinburgh and that Scots law applies. If I have answered your question please leave a positive rating on the system. If you have any further questions about this please let me know. Regards, JGM

JGM, Solicitor
Category: Law
Satisfied Customers: 11028
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks JGM. I can now vote for you since you replied. Before i could only seem to vote for Jamie.
So I will set up a payment plan. If they chase me about anything then i will need to show the 3 month holiday agreements and plead ignorance to landlord registration as it is not my business. 5 stars

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    31432
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    31432
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    13955
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    2251
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    758
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions