Contractual Periodic Tenancies - Council tax liability

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    #16
    Originally posted by jjlandlord View Post
    This case is about who has to pay council tax (i.e. pay the council), tenant or landlord. Any clause in the tenancy agreement is irrelevant.
    A tenancy term will allow the landlord to seek a refund from the tenant for any council tax he has has to pay to the council.
    Yes. You are saying precisely the same as I (in different words), while purporting to contradict me.

    Yes a clause in the tenancy agreement is irrelevant in terms of the direct line of chasing by the council, but is not irrelevant in terms of who is ultimately liable to pay (ie. fork out the cash ultimately - whether to the council or otherwise, directly or indirectly)

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      #17
      Originally posted by section21 View Post
      It is a total farce that there is this much confusion/debate over something that should be so simple.
      It is simple. Everyone is saying the same thing.

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        #18
        Originally posted by ss002d6252 View Post
        I agree - I was surprised by how much Leeds decided to push the case. I wonder how much it cost the tax payers of Leeds ?
        By arguing that all such tenancy agreement has uncertainty of term. Never mind any authorities on such point, I wonder whether they thought through the consequence if their arguments held...
        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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          #19
          Originally posted by AndrewDod View Post
          Yes. You are saying precisely the same as I (in different words), while purporting to contradict me.

          Yes a clause in the tenancy agreement is irrelevant in terms of the direct line of chasing by the council, but is not irrelevant in terms of who is ultimately liable to pay (ie. fork out the cash ultimately - whether to the council or otherwise, directly or indirectly)
          I am not 'purporting to contradict you'. I am trying to be clear.

          It is unclear to simply say that someone is responsible or liable to pay: Responsible to whom?

          For example, the clause in the tenancy agreement is indeed irrelevant in terms of who is ultimately liable to pay the council.
          It only makes the tenant responsible to the landlord, i.e. it can only be used by the landlord to seek a refund from the tenant, and not to avoid paying the council.

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            #20
            Originally posted by KTC View Post
            By arguing that all such tenancy agreement has uncertainty of term. Never mind any authorities on such point, I wonder whether they thought through the consequence if their arguments held...
            I was thinking the same - it would have had wide ranging effects.

            Craig
            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.

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              #21
              Originally posted by jackboy View Post
              What is the distinction here? I've got a feeling I'm going to have another council tax liability tussle soon so be good to be in possession of the updated facts. Is it any different for statutory periodic tenancies?
              Where the fixed term period passes in to a statutory periodic tenancy then the periodic tenancy is a new tenancy.

              As the periodic tenancy is not for a period of 6 months or more the tenant is no longer the 'owner' for council tax purposes (section 6 of the LGFA92). This means that they cease being liable for council tax as soon as they vacate the property and the landlord would be liable from that date.

              Craig
              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

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