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  • FIRST POST
    • Mela322
    • By Mela322 16th May 17, 1:14 PM
    • 56Posts
    • 41Thanks
    Mela322
    Council tax owed after turning keys back to landlord
    • #1
    • 16th May 17, 1:14 PM
    Council tax owed after turning keys back to landlord 16th May 17 at 1:14 PM
    Hello,

    I'm not sure where to ask this question.

    We are tenants and moved out of our last property on the 30 March but our tenancy wasn't due to end till the 12 April. Our landlord pushed us to turn our keys over and we did this on the 8 April. She gave us our final meter readings and our full deposit returned to us.

    We then got our old council tax bill and I paid the first one but questioned the second one that went past our date of turning in our keys. I just got an email reply today saying that they spoke to our landlord and confirmed our tenancy ended on the 12th even though we turned our keys in on the 8th.

    We moved out completely on the 30th, the house was vacant the entire time after that date. I know the rules changed about the vacant house discount so the full amount is now charged. We no longer had access to the house or any the charnwood coverages for that house. Our landlords however, have been in the house working and updating it since the day we turned our keys over.

    I'm not sure how we can be charged for that time if we had no access and our landlords were using it.

    Has anybody ever been in this situation? Is this how it works now?
    We've had so much money going from moving house and have council tax to pay in our new tenancy. Every little bit counts right now.

    Thanks.
Page 1
    • 00ec25
    • By 00ec25 16th May 17, 2:07 PM
    • 4,044 Posts
    • 3,281 Thanks
    00ec25
    • #2
    • 16th May 17, 2:07 PM
    • #2
    • 16th May 17, 2:07 PM
    what was the form of your tenancy? Periodic? Fixed term? Was the 12th April the date of the end of your correct, full length, notice period?

    CT liability post departure, pre tenancy end depends on what type of tenancy agreement it was.

    Do you have written evidence that the LL accepted your "surrender" on the 8th April and thus it was "mutually agreed" as being earlier than the date of expiry under your notice ending on the 12th?
    Last edited by 00ec25; 16-05-2017 at 4:43 PM.
    • lincroft1710
    • By lincroft1710 16th May 17, 3:02 PM
    • 9,299 Posts
    • 7,225 Thanks
    lincroft1710
    • #3
    • 16th May 17, 3:02 PM
    • #3
    • 16th May 17, 3:02 PM
    For 4 days CT you are looking at an amount of less than £20 unless you were living in a property in a high band. 00ec25's post gives you the correct info
    • CIS
    • By CIS 16th May 17, 3:43 PM
    • 9,809 Posts
    • 5,612 Thanks
    CIS
    • #4
    • 16th May 17, 3:43 PM
    • #4
    • 16th May 17, 3:43 PM
    As pointed out above the whole thing rests on whether surrender occurred prior to the end of the original tenancy - if it did then you're fine and the landlord is liable, if it didn't then you may be liable.

    In the latter aspect then it falls on to whether you remained the council tax definition of 'owner' from the date of vacation - this depends directly on your tenancy. See the relatively recent clarification issued in Leeds v Broadley

    There is of course the final aspect of whether the argument is worth it or not.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Mela322
    • By Mela322 18th May 17, 9:48 AM
    • 56 Posts
    • 41 Thanks
    Mela322
    • #5
    • 18th May 17, 9:48 AM
    • #5
    • 18th May 17, 9:48 AM
    Thank you all for your responses. I know it's a small amount of money but we pay so much in taxes as it is and it's cost us quite a bit to move. Mainly, it's just the principle, we shouldn't have to pay tax on 2 homes with one being vacant and keys turned over.

    Our initial term was 6 months and we have just been paying month to month for the past 9 1/2 years.

    Thanks again, you've all been very kind and helpful. x
    • CIS
    • By CIS 18th May 17, 9:59 AM
    • 9,809 Posts
    • 5,612 Thanks
    CIS
    • #6
    • 18th May 17, 9:59 AM
    • #6
    • 18th May 17, 9:59 AM
    Thank you all for your responses. I know it's a small amount of money but we pay so much in taxes as it is and it's cost us quite a bit to move. Mainly, it's just the principle, we shouldn't have to pay tax on 2 homes with one being vacant and keys turned over.

    Our initial term was 6 months and we have just been paying month to month for the past 9 1/2 years.

    Thanks again, you've all been very kind and helpful. x
    Originally posted by Mela322
    The key aspect is whether you were on a statutory monthly periodic tenancy or a contractual tenancy after the initial fixed term period ended - if it's statutory periodic then your liability ends the moment you leave, if its contractual then the liability runs to the end of the tenancy. I've had similar queries comes up from a few of my clients but it all falls back on legislation (as per the link in my previous post).

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
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