Sub letting and council tax

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    Sub letting and council tax


    I am considering letting my flat to an estate agent and they will sublet, so effectively I am the landlord and the agency is the tenant and who they sublet to is their business. The contract would be for 12 months and they pay the rent even if it is empty. However they have said that if at any point it is empty, as the landlord I would be responsible for the council tax. It is my understanding that the tenant would be responsible having signed a 12 month agreement. Would this be the case or are they correct?

    The whole scheme sounds dodgy to me. I would steer clear.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.


      Really?! How so? They are a reputable agency.


        As the property would be let to a company, the tenancy would be a common law tenancy: The contract should be carefully drafted by a professional and all aspects (inc. the one OP mentions re. council tax) covered.

        IMHO, here it's not whether they are "correct" or not: It's about what is negotiated.
        The default position is that the tenant is responsible for council tax, though.

        But frankly what the point of this arrangement for 12 months? That's be the duration of a standard AST granted to an individual tenant.


          Originally posted by Vix View Post
          Really?! How so? They are a reputable agency.
          Because you have no control over who they put in your property. People have taken these deals and then ended up here on Landlordzone complaining about their property being trashed.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.


            Thanks for the quick replies. The 12 month tenancy is what I would like so I can go and do something different for a year and come back to my home. Thanks for clearing up the default position on council tax. I thought as much and their clause in that respect needs clarification. I realise the property may get trashed and their promise of returning it as it was left by me is not backed up by a clause stating they are only liable for damages up to two and a half months rent - I have already pointed this out to them so if they don't negotiate I will not sign the contract as it is supposed to offer peace of mind more than income! Thanks all


              Just go to another agetn and say --

              Do your very best to have a tenant in my home for 12 months, even if it's 2
              different 6 month tenancies.

              There is no magic wand to MAKE people want to rent your property.

              Word of warning, if some one takes a 12 month A.S.T, they may disapear
              after 6 months, and not bother with the deposit being returned.
              It would take about 3 months to get a court order and all the checks that the
              tenant had actualy left before you dare change the locks and re-let.

              Also, don't expect anyone to leave after 12 months, just because the contract says so.
              They can stay there another 3 months, 6 months , while you go through the same
              process, then have to get a court order, then bailifs.
              they could stay there after the 12 months and not pay you any rent ! for the time that they overstay.

              So make sure they ARE out after 12 months before you buy your return air fare
              , otherwise you may find you have nowhere to live.

              A normal letting agent should suit you.
              If you have to go away but can't afford to without a FULL years rent, then
              don't go away.
              And if you don't like the prospect of tenant overstaying, then don't go away.
              Sell up, money in the bank, no mortgage to pay for 12 months, no hassles, jobs a
              goodun ?



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