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    • simco69
    • By simco69 9th Oct 17, 8:02 PM
    • 6Posts
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    simco69
    council tax
    • #1
    • 9th Oct 17, 8:02 PM
    council tax 9th Oct 17 at 8:02 PM
    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.
Page 1
    • ProDave
    • By ProDave 9th Oct 17, 8:18 PM
    • 324 Posts
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    ProDave
    • #2
    • 9th Oct 17, 8:18 PM
    • #2
    • 9th Oct 17, 8:18 PM
    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
    • By 3card 9th Oct 17, 8:27 PM
    • 150 Posts
    • 53 Thanks
    3card
    • #3
    • 9th Oct 17, 8:27 PM
    • #3
    • 9th Oct 17, 8:27 PM
    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?
    Originally posted by ProDave
    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
    • By simco69 9th Oct 17, 8:41 PM
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    simco69
    • #4
    • 9th Oct 17, 8:41 PM
    • #4
    • 9th Oct 17, 8:41 PM
    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
    • By 00ec25 9th Oct 17, 9:08 PM
    • 5,032 Posts
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    00ec25
    • #5
    • 9th Oct 17, 9:08 PM
    • #5
    • 9th Oct 17, 9:08 PM
    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.
    Originally posted by simco69
    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/
    Last edited by 00ec25; 09-10-2017 at 9:10 PM.
    • simco69
    • By simco69 9th Oct 17, 9:35 PM
    • 6 Posts
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    simco69
    • #6
    • 9th Oct 17, 9:35 PM
    • #6
    • 9th Oct 17, 9:35 PM
    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
    • By simco69 9th Oct 17, 9:51 PM
    • 6 Posts
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    simco69
    • #7
    • 9th Oct 17, 9:51 PM
    • #7
    • 9th Oct 17, 9:51 PM
    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
    • By Pixie5740 9th Oct 17, 10:02 PM
    • 11,010 Posts
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    Pixie5740
    • #8
    • 9th Oct 17, 10:02 PM
    • #8
    • 9th Oct 17, 10:02 PM
    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.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • 00ec25
    • By 00ec25 9th Oct 17, 11:16 PM
    • 5,032 Posts
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    00ec25
    • #9
    • 9th Oct 17, 11:16 PM
    • #9
    • 9th Oct 17, 11:16 PM
    So how do I know if I'm on a statoury or contractual contract
    Originally posted by simco69
    see answer above from Pixie

    So council has given me bad advice aswell
    Originally posted by simco69
    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
    • By CIS 10th Oct 17, 10:23 AM
    • 10,032 Posts
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    CIS
    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.
    Last edited by CIS; 10-10-2017 at 10:31 AM.
    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.
    • simco69
    • By simco69 11th Oct 17, 8:48 PM
    • 6 Posts
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    simco69
    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.
    • CIS
    • By CIS 12th Oct 17, 1:13 PM
    • 10,032 Posts
    • 5,725 Thanks
    CIS
    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.
    Originally posted by simco69
    In which case, the council tax liability ends as soon as you both vacated the property (after the 6 month fixed period ended) and it ceased to be your 'sole or main residence'.
    Last edited by CIS; 12-10-2017 at 1:27 PM.
    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.
    • marty69
    • By marty69 12th Oct 17, 1:46 PM
    • 1 Posts
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    marty69
    council tax
    my local council are trying to sting me with outstanding council tax for a rented property i used to live.
    i moved out of the property over 3 years ago when the previous landlord sold the property i was living in to a property developer who wanted to demolish the house but the house is still standing and sold onto someone else.
    the enforcement notices are from the period sept 2013 to sept 2016.
    i was put into a B&B in april 2014 and i moved into a flat in july 2014 from the council but they are still saying that i still owe the council tax,,,,,,,,,, is this right, where do i stand as i cant afford to pay the full amount on £2,000
    • CIS
    • By CIS 12th Oct 17, 1:49 PM
    • 10,032 Posts
    • 5,725 Thanks
    CIS
    my local council are trying to sting me with outstanding council tax for a rented property i used to live.
    i moved out of the property over 3 years ago when the previous landlord sold the property i was living in to a property developer who wanted to demolish the house but the house is still standing and sold onto someone else.
    the enforcement notices are from the period sept 2013 to sept 2016.
    i was put into a B&B in april 2014 and i moved into a flat in july 2014 from the council but they are still saying that i still owe the council tax,,,,,,,,,, is this right, where do i stand as i cant afford to pay the full amount on £2,000
    Originally posted by marty69
    You're probably better off starting a new thread to avoid it getting lost in this one.

    How long was your original tenancy on the property and who put you in to a B&B ? (The council ?)
    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.
    • Comms69
    • By Comms69 12th Oct 17, 1:49 PM
    • 486 Posts
    • 360 Thanks
    Comms69
    my local council are trying to sting me with outstanding council tax for a rented property i used to live.
    i moved out of the property over 3 years ago when the previous landlord sold the property i was living in to a property developer who wanted to demolish the house but the house is still standing and sold onto someone else.
    the enforcement notices are from the period sept 2013 to sept 2016.
    i was put into a B&B in april 2014 and i moved into a flat in july 2014 from the council but they are still saying that i still owe the council tax,,,,,,,,,, is this right, where do i stand as i cant afford to pay the full amount on £2,000
    Originally posted by marty69


    Obviously you don't owe it, but did you ever close down the account?
    • lincroft1710
    • By lincroft1710 12th Oct 17, 1:51 PM
    • 9,756 Posts
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    lincroft1710
    Can you be a bit more precise as to the actual dates of your occupation of the flat, the actual dates set out in your tenancy and the start and finish date of the period which the council claim you owe Council Tax for.
    • CIS
    • By CIS 12th Oct 17, 1:55 PM
    • 10,032 Posts
    • 5,725 Thanks
    CIS
    Obviously you don't owe it, but did you ever close down the account?
    Originally posted by Comms69
    The odds that the circumstances would make them remain liable are low but due to the way that council tax legislation works, it is still possible that someone could have remained liable for that period.
    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.
    • simco69
    • By simco69 15th Oct 17, 2:04 PM
    • 6 Posts
    • 0 Thanks
    simco69
    Thank you all for the help
    Most appreciated ��
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