aminta riley
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Hi, Im sharing a house with 6 others. The landlord does not allow non students to move in. But for a year now, one guy has not been in uni, having failed in the summer. Im not sure if the landlord knows but its been hinted at many times and they know he hardly lives at the house (hes at home). Is the contract void? Or what happens?

Btw- im a member in that house trying to get out of my contract due to personal reasons. Im wondering if this mistake can help me get out
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PhoenixFortune
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(Original post by aminta riley)
Hi, Im sharing a house with 6 others. The landlord does not allow non students to move in. But for a year now, one guy has not been in uni, having failed in the summer. Im not sure if the landlord knows but its been hinted at many times and they know he hardly lives at the house (hes at home). Is the contract void? Or what happens?

Btw- im a member in that house trying to get out of my contract due to personal reasons. Im wondering if this mistake can help me get out
Did you sign a joint tenancy agreement or individual ones?
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aminta riley
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Joint tenancy
(Original post by PhoenixFortune)
Did you sign a joint tenancy agreement or individual ones?
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PhoenixFortune
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(Original post by aminta riley)
Joint tenancy
In that case, it might be worth discussing your contract with Citizens Advice Bureau or Shelter (the housing charity), as the contract may not be enforceable if the landlord is knowingly ignoring a particular clause.
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doodle_333
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Think the landlord will just say he didn't know and you should have informed him. Also if you're not paying council tax when the property is now eligible that could be an issue.
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aminta riley
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But it would only be the one boy who has to pay CT since the others are students?? or? Would this help me get out of the contract as im trying to leave?
(Original post by doodle_333)
Think the landlord will just say he didn't know and you should have informed him. Also if you're not paying council tax when the property is now eligible that could be an issue.
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aminta riley
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There is no clause in the contract about having to be a student, one clause does say tenant shall pay council tax. But i found a girl to take over my contract who wasnt a student and the landlord said no- we wont allow her as a non student.
(Original post by PhoenixFortune)
In that case, it might be worth discussing your contract with Citizens Advice Bureau or Shelter (the housing charity), as the contract may not be enforceable if the landlord is knowingly ignoring a particular clause.
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username1399980
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that isn't how it works

If a house is all students then their is an exemption for Council Tax
If everyone but one person is a student then Council Tax is due but there is a 25% reduction in the bill ( For most councils)

If more than one person is not a student then Council Tax is payable at the full rate


As you are in a 6 bedroom house the Council Tax bill will be expensive ( I Don't know where you are but probably well over £1500 a year unless you live in one of the few council with very low council tax)

So all the tenants of the property are liable for the tax and will have filled in a form to declare that you are all students

Failure to inform the council to change in circumstances within 21 days means you are liable for prosecution and/or fineCouncil Tax Reduction - prosecution and penalties - Citizens Advice

As this boy has presumably been doing this for a year- if you try and use this to get out of your contract, you are likely to both get all of you a fine/prosecution and of course a bill for the last years Council Tax

This is why your landlord does't want non students

As your contract clearly states that the tenants are liable for Council Tax it will be you and your fellow housemates who will have to pay up

It is unlikely that the contract is void as the landlord has clearly stated that you are responsible for Council Tax and it would be your responsibility to tell him if one of you is no longer a student



(Original post by aminta riley)
But it would only be the one boy who has to pay CT since the others are students?? or? Would this help me get out of the contract as im trying to leave?
Last edited by username1399980; 2 years ago
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doodle_333
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Pretty sure council tax is liable on properties not people I.e. everyone living there is responsible for ensuring it's paid. Also if there's no automatic exemption you'd likely have to actually apply for single persons discount and until that's done and approved full CT is due.

What I'm saying is it's likely to hinder you as I doubt the council will notice a non student staying there bit if anyone told them you could end up in trouble.
(Original post by aminta riley)
But it would only be the one boy who has to pay CT since the others are students?? or? Would this help me get out of the contract as im trying to leave?
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doodle_333
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Explained much better than I did. This OP. Tbh at this point you're probably better off keeping quiet and hoping no one notices.
(Original post by watchingyouwatch)
that isn't how it works

If a house is all students then their is an exemption for Council Tax
If everyone but one person is a student then Council Tax is due but there is a 25% reduction in the bill ( For most councils)

If more than one person is not a student then Council Tax is payable at the full rate


As you are in a 6 bedroom house the Council Tax bill will be expensive ( I Don't know where you are but probably well over £1500 a year unless you live in one of the few council with very low council tax)

So all the tenants of the property are liable for the tax and will have filled in a form to declare that you are all students

Failure to inform the council to change in circumstances within 21 days means you are liable for prosecution and/or fineCouncil Tax Reduction - prosecution and penalties - Citizens Advice

As this boy has presumably been doing this for a year- if you try and use this to get out of your contract, you are likely to both get all of you a fine/prosecution and of course a bill for the last years Council Tax

This is why your landlord does't want non students

As your contract clearly states that the tenants are liable for Council Tax it will be you and your fellow housemates who will have to pay up

It is unlikely that the contract is void as the landlord has clearly stated that you are responsible for Council Tax and it would be your responsibility to tell him if one of you is no longer a student
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