council tax demand and tennants have not given notice to leave

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    council tax demand and tennants have not given notice to leave

    All documents done correctly, in England, I have served a section 8 and section 21notices due to rent arrears, the section 21 expires on the 2nd January, tenants moved out I belive at the beginning of Dec, I have had no contact from them since Oct. They have not returned the keys or any notice to say they have moved. I have now received a council tax demand for the property from the 15/11/17. How do I defend this ? any advice or experience would be a help. I know the council will say they are not allowed a charge on two properties for the same person.

    #2
    You can have more than one CT bill . Tell the council that as far as you know the tenants are still in the property as they have neither given notice nor returned the keys and that their tenancy is still running even though they are under S8 and S21. Show them the tenancy agreement.

    I'd also suggest this might be a ruse for the tenants to avoid paying bills.

    The gas elec and water won't be in your name either.
    Last edited by Berlingogirl; 16-12-2017, 18:38 PM. Reason: Edit: show surprise at the situation when you speak to the council.

    Comment


      #3
      From what I can remember without double checking, if (any) fixed term is over and the tenancy is on SPT, and the tenant can show they were no longer in residence from a certain date, then you're probably liable for the CT.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      Comment


        #4
        If T has failed to legally end his T with you, Council should pursue T for C Tax owing on your property and their current property.

        Comment


          #5
          The tenant is liable for the council tax charge up until they cease being resident in the property (that being the council tax definition, so when it ceases to be their 'sole or main residence'). Once they cease being regarded as resident for council tax purposes it depends on the tenancy agreement as to whether they remain liable for the council tax charge or not on the unoccupied property for which they hold a tenancy (as confirmed in 'leeds city council v broadley' , google it for specifics ) - in basic terms if they are still within the fixed term then they remain liable, if they are outside of the fixed term it depends on the specific circumstances.
          Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

          If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

          Comment


            #6
            Yes thank you ss02d6252, I have found the Leeds v broadly case, there is a few reports on it, and if I have interpreted it correctly, going from a AST automatically on to a periodic tenancy is classed as the same contract . there for the tenant is responsible. Don't expect much luck out of the council but will keep the site posted.

            Comment


              #7
              If you have a contractual periodic tenancy, yes. If it was a fixed term only, and is now a stuatory periodic tenancy, not so much.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                AST automatically on to a periodic tenancy is classed as the same contract .
                If it's currently defaulted in to a statutory periodic then that is a tenancy on a monthly basis and doesn't meet the 6 month or longer requirement. That would mean the tenant was liable only when resident. If however the contract continued under a contractual term in the original tenancy then it's regarded as one continuous tenancy and the tenant would be liable, even if not resident.
                Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

                Comment

                Latest Activity

                Collapse

                • Joint tenancy - end fixed term
                  Nottinverno
                  Hello,

                  need some advice, please, I'm getting mad at this.

                  I have a joint tenancy, renting a flat through an agency with other 2 people, ending end January.
                  I have decided to move out and I gave my notice (to both the agency and my flatmates) last end November, however...
                  09-01-2018, 14:29 PM
                • Reply to Joint tenancy - end fixed term
                  mariner
                  How did you give Notice on 1 Jan 18?
                  You can leave at any time but your T will not end until 31 Feb 18 IMO.
                  (1 Jan -31 Jan does not give requisite min of 1 rental period). LL may be more tolerant on dates.
                  20-01-2018, 01:26 AM
                • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  Hi

                  I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

                  One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

                  I then went through months where...
                  Black Grout they want me to get redone...
                  17-01-2018, 21:53 PM
                • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  In regards to this, I attended the property today with a plumber, as he tenants claimed they had tried using some sink unblocker and plunger etc...

                  When we were shown the sink she now decides to tell us that since using the sink unblocker it doesn't seem to bad (she could have told me this...
                  19-01-2018, 23:13 PM
                • Reply to Joint tenancy - end fixed term
                  KTC
                  Ask the solicitor for their interpretation of section 5(5)(b) of the Housing Act 1988 regarding giving a notice to quit on the first day of the statutory periodic tenancy.
                  19-01-2018, 22:54 PM
                • Reply to Joint tenancy - end fixed term
                  Nottinverno
                  Oh nono, I have to leave at the end of Feb. I have already moved forward my move and luckily the new landlord is flexible, but I can't stay other 2 months in my current place.
                  It really seems that as soon as the periodic roll starts I can serve 1 month notice, so by end Feb I should be able to...
                  19-01-2018, 22:48 PM
                • Payment Break
                  OlliesDad
                  I have a great long-term tenant who, along with her husband and daughter has been with me for nearly 5 years. Unfortunately the husband has done the dirty and left leaving her with nothing but debts. Her finances are in a mess and she has said she may need to move in with family whilst she sorts herself...
                  18-01-2018, 21:27 PM
                • Reply to Payment Break
                  royw
                  You have a good tenant and if it were me I'd be looking for ways to keep her rather than evict her. Might be worth having a chat and find out how much she can afford now and in the long-term. If she can afford it on her own once the debts are cleared possibly offer her a reduced rent for a year equivalent...
                  19-01-2018, 22:26 PM
                • Tenants not vacated at check-out
                  tatemono
                  Had a lovely young couple with a baby in our property for about 8 months, they gave notice to leave as he'd moved out after they split up and she couldn't afford rent. Sad situation for them. Property has been on market since.

                  Anyway, yesterday our very competent and well-trusted long-standing...
                  09-01-2018, 08:58 AM
                • Reply to Tenants not vacated at check-out
                  KTC
                  If it were a notice to quit given during a periodic tenancy, as opposed to an agreement with the landlord during the fixed term, then tenancy has ended. Validity of a notice to quit does not depend on whether the tenant follow up and acting in accordance to it. A notice to quit is not a notice of intention....
                  19-01-2018, 22:20 PM
                Working...
                X