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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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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: 11 months ago.
Category: Law
Customer: replied 11 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 11 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 11 months ago.

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

How long will you be away?

Customer: replied 11 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 11 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: 11751
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 11 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