Tenancy renewal - no interim Council Tax liability?

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    #16
    In the vast majority of cases, the Tenant will be an adult using the dwelling as their main residence.

    An Assured Shorthold Tenancy confirms the 'material interest' de facto, since by definition it has a minimum duration of 6 months.

    I have plenty of Tenants on Periodic Tenancies, but these tenancies have only ever commenced when a fixed term AST has lapsed, so how could I become the liable person before the tenancy has ended?

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      #17
      I'm sure you don't mind me playing the Devil's (or Landlord's) Advocate here.

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        #18
        Originally posted by bagus View Post
        In the vast majority of cases, the Tenant will be an adult using the dwelling as their main residence.
        While they're living there, yes. We are talking about the end of the day their tenancy ends where on that day or before, they have moved out. Since they have moved out, they are resident elsewhere at the end of that day, they are no longer resident here.

        An Assured Shorthold Tenancy confirms the 'material interest' de facto, since by definition it has a minimum duration of 6 months.
        That's not the definition, nor is it a requirement of assured shorthold tenancy. There haven't been a minimum six months term required for AST that is not a replacement tenancy since 1997, and there was never such a minimum term where the tenancy's a replacement tenancy.

        If the tenancy, assured or otherwise, is a fixed term of at least six months, then it's a material interest. If it has an initial definite term of at least six months which then continues contractually periodically, then it's a material interest. If the tenancy is periodic from the start, where the period is less than six months*, then it's not a material interest for the purpose of council tax.

        I have plenty of Tenants on Periodic Tenancies, but these tenancies have only ever commenced when a fixed term AST has lapsed, so how could I become the liable person before the tenancy has ended?
        A statutory periodic tenancy, i.e. one that arise after the end of a fixed term tenancy in accordance with s5 of the Housing Act 1988, is a new and seperate tenancy to the fixed term that preceded it. Accordingly, assuming a period of the SPT is less than six months, it is not a material interest for the purpose of council tax.

        Originally posted by bagus View Post
        I'm sure you don't mind me playing the Devil's (or Landlord's) Advocate here.


        * Depending on how the term/periods are expressed, the tenancy may not be determinable before the end of the second period, and thus it may be arguable that a quartrely periodic tenancy can be a material interest.
        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.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #19
          Thanks for that. You've made me start to feel sorry for tenants now, having not previously considered how unfair it is/should be for them to pay two lots of Council Tax as well as two lots of rent on the day they move.

          I'll bow to your encyclopedic recall and go lick my wounds for now. Might still peep over the parapet again though!

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            #20
            Originally posted by bagus View Post
            At midnight, the first tenancy ends and the new tenancy begins, simple as that. There is no interim period at all. Surely, this is how all renewals work. An insurance renewal comes into effect when the old policy expires, commonly at the stroke of midnight - one policy lapses at midnight and the new one commences seamlessly after that. Liability is determined to the exact second.
            Legal time is not the same as real time.
            Things don't just happen at the same time, they happen in a sequence at the same time.

            It doesn't matter in the insurance policy example, but it does in a complex series of transactions (like selling a house).

            However, I have to agree with KTC.
            Even if the person wasn't a tenanct at the end of the day, they were definitely a resident throughout.
            So the sequence of events doesn't matter in this case.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #21
              What KTC says.

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