Can Councils come after the landlord if the tenant defaults on the Council Tax?

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    Can Councils come after the landlord if the tenant defaults on the Council Tax?

    My tenant finder only agency regularly harasses my tenants at the end of the 6 months despite frequently being asked not to. Today they have emailed to say under new rules, if a tenancy is periodic, the council can chase the landlord if the tenant defaults. After 12 years of letting this is news to me.

    #2
    Sorry I have posted this in the wrong place, could find no new topic button in the residential and now dont know how to move it

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      #3
      Yes they can and do chase the landlord. They collect along a hierarchy (much like the mafia), and you are part of that hierarchy if periodic (and even if not periodic if you cannot prove stuff). If you still collect deposits you must mention in tenancy agreements that council tax liability is one of the reasons you can draw on the deposit (and you should not refund the deposit until you get proof they have paid it else you will be stuffed)

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        #4
        Moderator2 This post needs moving to an appropriate forum

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          #5
          I thought that if the AST goes to a contractural periodic (as opposed to statutory) this meant the landlord would then not be liable if the tenant defaults. Is that wrong?

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            #6
            No, Andrew just being his usual self.

            If the tenant is in occupation as their main home, and the landlord isn't, then assuming not council tax HMO etc., the tenant is the liable party.

            And yes, a CPT with a minimum 6 months term mean tenant remain liable for the entire time of the tenancy even if not in occupation.
            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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              #7
              No, Ktc just being her usual self.

              In practice, councils are their own judge, jury and executioner of their own interpretation of what they think should be the law
              -under the threat of non-payers going to prison (albeit a slight threat in reality).

              Their decision is rubber stamped by the hundreds by the courts.

              Unless you turn up to the summons on the day of the hearing.

              Which I did.
              (And very successfully defended.)

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                #8
                Originally posted by boletus View Post
                In practice, councils are their own judge ....
                And here I thought it was the judges at the Valuation Tribunals.
                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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                  #9
                  Originally posted by KTC View Post

                  And here I thought it was the judges at the Valuation Tribunals.
                  And here's me thinking you knew your stuff.


                  The courts rubber stamp thousands of council tax decisions.

                  The Valuation Tribunal get involved in a tiny fraction of those.

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                    #10
                    I'm being serious about getting the law right.

                    The [county] court rubber stamp council tax decisions as you say because they legally have no jurisdiction to determine council tax liability. That falls to the Valuation Tribunal for England, and Valuation Tribunal for Wales as the case may be. If they are only involved in a tiny fraction of cases, it's because the taxplayer in question never filed an appeal with them.
                    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


                      #11
                      Originally posted by KTC View Post
                      No, Andrew just being his usual self.

                      If the tenant is in occupation as their main home, and the landlord isn't, then assuming not council tax HMO etc., the tenant is the liable party.

                      And yes, a CPT with a minimum 6 months term mean tenant remain liable for the entire time of the tenancy even if not in occupation.
                      KTC will be fully aware that on a periodic tenancy an occupier may only be held liable for the Council Tax charge until they state that they have changed their main residence - whether this is truthful or otherwise, and is almost impossible for the landlord to prove otherwise in most cases.

                      So no.

                      So^2 getting back to the OPs question " if a tenancy is periodic, the council can chase the landlord if the tenant defaults" - the answer of course remains yes. All the tenant needs to do is either not-respond or say that although they were still living there, their main residence was elsewhere. The Council will almost always believe the T's stated date of departure or cessation of "main residence"

                      Doubt very much OP was talking about a CPT. Nor did OP even mention residence or stated main residence versus occupation and continuing tenancy. Being my usual (and I am afraid perfectly correct) self. Cheers.

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                        #12
                        Originally posted by AndrewDod View Post
                        Being my usual (and I am afraid perfectly correct) self.
                        Your perfectly correct response which has no basis in law, sure.
                        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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                          #13
                          Originally posted by KTC View Post

                          Your perfectly correct response which has no basis in law, sure.
                          I honestly have no idea what you are talking about. The OP asked "if a tenancy is periodic, the council can chase the landlord if the tenant defaults" The answer is yes, and there is a clear basis in law.

                          You say the answer is no. Which is rot.

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                            #14
                            Originally posted by KTC View Post
                            I'm being serious about getting the law right.
                            .
                            In fairness, that was in response to a post which I edited halfway through the conversation and in context, would not have been quite as batty as it sounds.

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