Council tax issue

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    Council tax issue

    I served a section 21 notice which ended on 2nd June on a tenant. The reason was the tenant had not claimed their housing benefit. They finally got this sorted and I got paid in April then again in May. I went to the house on 22 May, the tenant was just going into the house, the first time I had seen her as she was not responding to calls since March. She told me she would be leaving soon as she was getting another house. I heard nothing then on the 11th June I was expecting payment but nothing arrived.
    I went to see her daughter who said she had the keys, would remove a few bits then give me them at the weekend.
    i returned at the weekend and she gave me the keys. I wrote a note stating that she was handing the keys back and surrendering the property on behalf of her mother who was unavailable and dated as the 15th June.
    I called the council on Monday as I immediately found another tenant, they took the new tenants details. I then said that they must also need the details of when the last tenant surrendered the property. The lady said that’s ok we already have that, it’s the 10th May !!!!

    i have sent a photo to the council of the letter signed by her daughter, explaining I was completely unaware of when she left and that the surrender had taken place on the 15th June. Will i likely get ripped off for this council tax or will the tenant be liable ?

    #2
    I had a similar problem with a tenant. I had to provide a tenancy agreement with a note written by me explaining that the tenancy was relinquishd early, by mutual agreement. I gave the date that she was responsible for the tenancy for (which was a month later than she said). A couple of months later I got a text from the tenant asking f I could write a letter to the Council Tax people giving the date she had left. I wrote her one giving the date for which she was responsible for the tenancy. I have heard nothing else.


    My final Council Tax bill was for one day, between the one tenant's liability for the tenancy finishing, and the new one starting. I too got another tenant straight away.

    Comment


      #3
      Contact the council and provide them of when the tenancy ended, they should then just update their details. Also if the T is still staying in the same council area, they would have registered themselves at the new address from the 10th May or which ever council area they claim they are residing in, this can easily be verified by the council (between themselves).

      Comment


        #4
        Originally posted by buttons View Post
        i have sent a photo to the council of the letter signed by her daughter, explaining I was completely unaware of when she left and that the surrender had taken place on the 15th June. Will i likely get ripped off for this council tax or will the tenant be liable ?
        I don't know why you think we can read the council's mind. Having said that, telling them you are "completely unaware of when she left" probably isn't going to help your case.....

        If the tenancy wasn't still in its fixed term or contractual periodic, then the liability depends on the tenant's actual residence, rather than simply whether they were still in possession of the property. If you can't say the tenant actually only left on X/Y/Z, they're going to just take the tenant's words for it.
        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.

        Comment


          #5
          Originally posted by scampicat View Post
          My final Council Tax bill was for one day, between the one tenant's liability for the tenancy finishing, and the new one starting. I too got another tenant straight away.
          That will almost invariably happen when any tenancy changes.
          The council tax liability arises at midnight, and tenants almost never move in on the same day as the previous tenant moves out.

          So a landlord is always going to pick up one day's council tax.
          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


            #6
            Originally posted by buttons View Post
            Will i likely get ripped off for this council tax or will the tenant be liable ?
            If the tenancy was in fixed term or contractual periodic, then tenant is responsible for paying council tax until the end of the tenancy.
            If the tenancy was statutory periodic, then you are responsible for paying council tax from the day T moved out and then claiming it back from T.

            Comment


              #7
              Originally posted by MdeB View Post
              claiming it back from T.
              On what basis?
              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.

              Comment


                #8
                Originally posted by KTC View Post

                On what basis?
                I was assuming that the agreement says T pays CT until tenancy ends (not until T moves out).

                Comment

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