council tax issue periodic tenancy

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    council tax issue periodic tenancy

    i am landlord and my council is failing to recognise periodic tenancies and is trying to hold me responsible for council tax.even though in the tenancy agreement it clearly states tenant is responsible for council tax
    They are asking for relevant legislation covering legality of periodic tenancies..amazing
    can anyone point me i the right direction..many thanks
    is it in the housing act

    #2
    See s.5 Housing Act 1988, http://www.legislation.gov.uk/ukpga/1988/50/section/5 in particular s.5(2)

    (2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of:
    (a) an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court, or
    (b) a surrender or other action on the part of the tenant,
    then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.
    and s.5(3)

    (3) The periodic tenancy referred to in subsection (2) above is one:
    (a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;
    (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
    (c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
    (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
    (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

    Comment


      #3
      thanks for that however this periodic tenancy was set up as one from the outset ,not from coming to an end of a fixed term ....
      i bet that point is important from council tax point of view ---

      Comment


        #4
        Then it is a contractual periodic tenancy and there is no statute you can quote to back you up - it's just there in black and white in the contract. Perhaps you could suggest that council tax ask their legal department to explain the contract to them?

        Comment


          #5
          You need to point them to section 6 of the Local Government Finance Act 1992.Its basic council tax legislation.

          Unless you are also resident in the property , then assuming it isn't an HMO as per the Liability For Owners regulations, they would fall liable for council tax as the residents even if there wasn't a valid tenancy.
          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
            Is the tenant currently resident in the property concerned? If so, what are the circumstances which are causing the council to be chasing you for CT, rather than the individual living in the property?

            Comment

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