AST issued to Excluded Occupier who demands CT refund

[Beeber]

Came across this interesting query on another forum where the residents have been issued with an AST when they appear to be excluded occupiers.

Property has 3 flats with resident landlord - the other occupiers have their own bedrooms and kitchens but share the 2 bathrooms. The AST lists the rent and council tax separately.

One of the occupiers was refused a council tax rebate when they recently claimed Housing Benefit and was informed by the local council that as it's a shared dwelling, he doesn't have to pay council tax.

This occupier of 9 years residency has now demanded that their 3 years worth of their contributions to council tax is refunded to them and has refused to pay it going forward. The occupier also refuses to pay his rent until the CT is returned and is now in arrears because he won't pass on his backdated HB.

1. Is the occupier confusing the responsibility of the landlords to pay CT to the local authority with the fact that if their agreement says they are liable to contribute, contribute they must. Or should the landlord not have billed them with any CT as they are a HMO, for example?

2. How does the landlord evict an excluded occupier who has been inadvertently issued with an AST? Did they give them tenancy rights so have to go down the S21/S8 route or is the AST invalid and they merely need to give him reasonable notice and then change the locks if he doesn't leave?

[jeffrey]

If L is resident, 1988 Act does not (and canot be contractually made to) apply, so no s.8/s.21 Notices.

[Beeber]

Thanks Jeffery, and apologies due, too, as I misread the original post. The landlord lives out of the property so the occupier is a full tenant whose AST expires in July. Each tenant in the bedsit within the townhouse that share bathrooms has an individual AST.

Citizens Advice Bureau has advised the tenant that the owner is responsible for paying council tax, hence the demand for return of CT paid to date over the past 3 years and refusal to pay any rent in the last 4 months until it's refunded.

The following advice is given on a local authority website may perhaps cover this type of situation.

""If a property meets all the conditions for a House of Multiple Occupation, it is the owner, not the tenant, who is liable to pay Council Tax on the property. The owner or landlord can pass the Council Tax charge on to the tenants in the form of a rent increase. If this is to occur, landlords/owners are advised to make this arrangement quite explicit to their tenants."

[billmccallum]

Not enough information form the original posting...

does the agreement show that a proportion of council tax is to be made and is the amount paid an equal amount of the total?

if yes, then it seems the landlord has done nothing wrong.