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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice.
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Hi My daughter is a 2nd year student at UEL, she and 2 friends

Customer Question

Hi
My daughter is a 2nd year student at UEL, she and 2 friends rented a flat in Kentish Town for the start of the 2nd year (first year being spent in halls).

They moved in 1st September but the academic year didnt start until 15th September, they have been told by Camden council that they have to pay council tax for the period between the 1st September when they moved in and the 15th when they enrolled and "became a student"

I can see this being realistic if they were first year students but not in a second year other wise would students be liable for council tax during the summer break?

Thanks
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

How can I help with this?
Customer: replied 5 years ago.

 


for jomo 1972


 


what " more " information do you need?

Expert:  Remus2004 replied 5 years ago.
I know they do take this view if the rental period starts before the term beginning date.

You can appeal to the Council if you are of the view that the bill is wrong. They are entitled to two months to investigate and respond.

If they do not respond or the decision is adverse then you can always appeal to the Council Tax Valuation Tribunal using this site

http://www.valuationtribunal.gov.uk/Council_Tax/Forms.aspx

Hope this helps
Customer: replied 5 years ago.

so if they "take the view" then it clearly is another one of our vague laws!


 


surely there must be something in law that defines when you start becoming a student and when you finish and if there is then taking a tenancy in a second year, you are still a student at that point. If there isnt anything defined then there must be "hundreds of thousands" of students either being charged incorrectly or racking up huge liabilities due to the summer recess.

Expert:  Remus2004 replied 5 years ago.
Yes, I think they say that if you rent a flat outside of term time then you are not there in your student capacity.

If the AST creeps over the summer period they will allow that to be included in the student discount but not if the AST starts early.
Customer: replied 5 years ago.

but they were still students when the AST started, students union cards were still valid etc, so cant understand that in that respect how they dont qualify for the discount?

Expert:  Remus2004 replied 5 years ago.
Probably because term hadn't begun and so they could not have been in their flat in their student capacity.

Lots of people are students but do not necessarily always act in that capacity. For instance, we are all members of the public but not all of our actions are committed in that capacity.
Customer: replied 5 years ago.

for jomo1972


but they dont "stop" being a student in the summer recess, I guess the MP's still get their living allowances during the summer recess, do they ?stop being MP's


 


there must be some case law on this as I am sure it has been challenged in the past

Expert:  Remus2004 replied 5 years ago.
I cant really comment on the merits of the law. I can just tell you the position.

Generally speaking, your eligibility for a reduction begins with the beginning of term.