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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice.
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My tenant moved in two and half years ago with her sister and

Customer Question

My tenant moved in two and half years ago with her sister and a frind.
She was the only one on the contract and she is paying the rent.
In the meantime her sister left nd her brother moved in.
her brother asked me for a separate contract so he can claim the rent from the council. Now the council wants me to pay council tax for the property backdating to march when her brother moved in.
Shall I change the contratc for them all?
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.

What type of contract is this? If they share a house then I'm not sure how they could have separate contracts?
Customer: replied 5 years ago.

Shorthold tenancy agrrement

Customer: replied 5 years ago.

It is a shorthold tenancy agreement. they share a three bedroom flat above shop.

There is one bathroom and a little kitchen. The brother asked me if I can sign a separate contract fro him on 400 punds so he can claim his allowance. i did.

The rent is 900 ponds a month and Amie always pid it herself.

Adma her brother moved in in may and now council os asking me to pay council tax sence may as they think it is a multiple rental propety.

it never was. it was Amie's sister at the bigining and as she left her brother moved in. they have a friend so it is three of them at all times.

Expert:  Remus2004 replied 5 years ago.
But they shared the same house and you didn't tell the council about that?
Customer: replied 5 years ago.

They have been sharing the same flat since they moved in. I told council thams Amie moved in with sister and a frinend. She was paing the council tax and the bills until now.

The contract says that the tenant is responsible for all the bills.

Customer: replied 5 years ago.

Are you based in USA???

Customer: replied 5 years ago.

For JOMO1972

Expert:  Remus2004 replied 5 years ago.
I'm in the UK.

But did you tell the council that there were two people there on separate ASTs?
Customer: replied 5 years ago.

Yes I did. That's why they want to call it multiple tenancy

Expert:  Remus2004 replied 5 years ago.
I'm sorry about the delay. I did respond to this but it obviously didn't upload.

If the AST is for half the property then that is fine as for as the benefit claim goes. Clearly they know about it so there is no issue over that.

Council is due on the property though. Whether its in multiple occupancy or not, Council tax is still due. However, normally the tenant under an AST is the liable person rather than the landlord. There is a hierarchy of liable persons and the tenant is considered first before the landlord. He may well be entitled to benefits on that point but thats not your problem.

Hope this helps.