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council tax

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simco69
simco69 Posts: 7 Forumite
in House buying, renting & selling
Hi

If I'm renting a property on a month to month rolling contract and I have moved out
am I correct in saying that the landlord pays for the council tax even tho my contract ends 19th of this month.

First in a email from the council they said that was correct
But when my partner phoned them today
They say no I'm still liable to pay it until contract ends.
«1

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  • ProDave
    ProDave Posts: 3,724 Forumite
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    In most places if the property is empty is is exempt from council tax for a few months. Have you actually told the council it is empty?
  • 3card
    3card Posts: 437 Forumite
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    ProDave wrote: »
    In most places if the property is empty is is exempt from council tax for a few months. Have you actually told the council it is empty?

    There's not may councils that will exempt a property because its empty nowadays.

    My local council are quick with there bills even if it is empty. They would get a 'liable' name from the person moving out.

    To answer the original question im pretty sure that the tenant is liable for the CT until the end of the tenancy agreement even if they leave early (but i stand corrected if im wrong)
  • simco69
    simco69 Posts: 7 Forumite
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    Yes I told them and there reply was


    If you are on a rolling contract you are only liable for the council tax until you move out but you will be liable for the council tax on your new property from 1st September when your tenancy started even if you didn’t move in on that date.

    I got this info from a Web site

    Additionally, it is worth noting that if your tenant is on a periodic tenancy and rents another house (not that likely you may think but it does happen) then the responsibility for payment will once again fall to the landlord, unless it is contractual.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    edited 9 October 2017 at 9:10PM
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    simco69 wrote: »
    If you are on a rolling contract you are only liable for the council tax until you move out but you will be liable for the council tax on your new property from 1st September when your tenancy started even if you didn’t move in on that date.
    that is not quite precise enough as a "rolling contract" may be statutory or contractual... the difference really matters, as the correct legal position depends on which it is. There is now definitive case law as follows:

    for a STATUTORY periodic tenancy if a tenant serves notice to end the tenancy but physically vacates before that notice has expired and the tenancy has thus ended, it is the LL who becomes liable for the council tax on the, by then unoccupied property, despite the fact the tenant remains liable for rent until the notice expiry date

    for a CONTRACTUAL periodic tenancy the situation is reversed, the tenant remains liable for council tax until the end date of the tenancy, even if the tenant has already moved out

    lots of webpages now cover this court case: Leeds city Council v Broadley, this is one is the more concise explanations

    http://www.landlordsguild.com/how-to-ensure-your-tenant-is-liable-for-council-tax-at-the-end-of-term/
  • simco69
    simco69 Posts: 7 Forumite
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    Last year the landlord put property up for sale it was around the time my 6 months contract ended

    I told lettings agent I wanted to go on a rolling contract so easier when I find new place

    The landlord agreed or as letting agent said
    Landlord wants it this way

    So how do I know if I'm on a statoury or contractual contract

    So council has given me bad advice aswell
  • simco69
    simco69 Posts: 7 Forumite
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    I did not sign any contract after my 6 months contract ended

    I only needed to give 1 months notice
    Landlord 2 months notice
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Read your original tenancy agreement. If it says what will happen at the end of the fixed term you will likely have a contractual periodic tenancy but if the agreement is silent on the matter it will be a statutory periodic tenancy.

    The above assumes you are in England or Wales.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    simco69 wrote: »
    So how do I know if I'm on a statoury or contractual contract
    see answer above from Pixie
    simco69 wrote: »
    So council has given me bad advice aswell
    NO, it is much more likely that you gave the council incomplete information given you do not actually understand what sort of tenancy you have got anyway.

    It is not the council's job to explain to you how tenancy contracts work and what your status is with your LL. The council will answer questions based on the info you give them, they do not have the time or money to devote to educating you.
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 10 October 2017 at 10:31AM
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    As above - the simple answer is the tenancy agreement and what it says (or doesn't). Unless you can determine that then there is not a lot further that can be done to argue your case.

    If you can show it changed in to statutory periodic at the end of the 6 months then you can cease being liable on vacation, otherwise the relevant date will be the actual end of tenancy.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • simco69
    simco69 Posts: 7 Forumite
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    Lettings agent confirms contract became periodic at the end of the 6 months contract.

    Indeed after hunting around for the contract it reads


    We write to confirm that one or both parties have chosen to allow the tenancy to become statutory periodic tenancy and therefore no new fixed term agreement will be drawn up.
This discussion has been closed.
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