council tax demand and tennants have not given notice to leave

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    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, 17:38 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.

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        #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

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