Council Tax Owed by Tenants

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    Council Tax Owed by Tenants

    Hello All

    I am rather peeved at my local council tax but want to check what i suspect to be true. I have a AST with students from 1 July 2019 - 4th July 2020 i then took back the property and did not have it occupied for roughly a month. I informed the council of this and when new tenants moved in i asked for a bill. This was sent and i paid the outstanding balance, due to my error of not checking the dates on it, it was dated for payment from 4th July. I have emailed them and received an email stating:-

    Under Council tax law the situation is considered as follows

    2 Liability to tax determined on a daily basis.
    (1)Liability to pay council tax shall be determined on a daily basis.
    (2)For the purposes of determining for any day—
    (a)whether any property is a chargeable dwelling;
    (b)which valuation band is shown in the billing authority’s valuation list as applicable to any chargeable dwelling;
    (c)the person liable to pay council tax in respect of any such dwelling; or
    (d)whether any amount of council tax is subject to a discount and (if so) the amount of the discount,
    it shall be assumed that any state of affairs subsisting at the end of the day had subsisted throughout the day.
    It is due to this that we have made you liable from the 4 July 2020 and we will not refund any overpayment as the account has been opened correctly.

    Surely this is not correct, I am not legally allowed to enter the property as i have pointed out to them until 5th July 2020 the tenants have possession until midnight on 4th July. I am rather like a dog with a bone and will pursue it through small claims as i think they are incorrect. What irks me the most is they would do like wise with me should i not pay one days council tax.

    Can i have opinions please.

    Thank you in advance.


    #2
    Council are correct.

    Comment


      #3
      I agree it is frustrating but I have also been billed in this way. You should however gain at the other end of the void as your tenants should be dealt with in the same way.

      It’s really not worth pursuing especially as the tax man will pay his bit!

      Comment


        #4
        The council are correct.
        This is a common confusion that arises because legal midnight is not the same as real life midnight.

        In the legal midnight all kinds of things happen and in the right order.
        In this case, at midnight, your student's tenancy ends and you become liable for the council tax in that order.
        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


          #5
          Arguing about one day's CT (a few quid..) may not be the best use of a landlord's time... If this really is a big deal for anyone increase monthly rent by 50p.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            I agree, just throwing my teddy out of the pram as they say. I will shut up and go back to my bunker. Thanks for all the replies, much appreciated.

            Comment


              #7
              You owe the CT to the Council. The tenants may owe you the extra day depending on the contract you have with them.

              Comment

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