Hi all
I’'m based in Cornwall and got a letter today saying as I have what they class as a 2nd home, then I need to pay 100% more council tax. I’m considering appealing this, but I am concerned about the appeal.
Some context
I rent out four rooms to four single people, each with their licensee agreement, all starting at different times. Two rooms were furnished, and two were not furnished.
Any advice on the appeal or actually changing something ?
If you sometimes occupy the property as a 2nd home, then this seems a legitimate and legal charge from 1st April 2025. The government has changed the rules to allow this.
I don’t know the rules about your property. I assume its a 5 bed room, with 4 lodgers. Are you allowed this many lodgers. I thought the limit was two?
If it is just 4 bed, and you rent all 4 rooms, then you perhaps should not be getting the 2nd home council tax charge, should be complying with HMO rules, and I suspect should be using AST rather than licence agreements.
I don’t see anything in the rules that would allow you to get out of this. If you are concerned about an appeal, why not fill in their “short form” to see if there’s an exception in your case and see what they say?
Hi
It’s a traditional three-bedroom property with a separate lounge and dining room. One of the original bedrooms is an box room, so it is not rented out. The old lounge and dining room are now bedrooms with the other two bedrooms = four. It is not classed as HMO, as in Cornwall, it is, says, five or more people, so they need to comply with HMO rules.
Also, I’m now thinking that if, say, I’m staying there, would that tip into 5 or more people ?
It sounds like it is a HMO, just that Cornwall don’t require licensing. Sounds like you should still be fully complying with HMO rules though.
It is an HMO, although it may not be licensable at the moment. If this is not your permanent residence then the tenants will have ASTs regardless of the type of agreement you’ve given them. As its a room by room let and they don’t have at least a 6 month term of tenure, you as landlord will retain liability for the Council Tax.