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    • london.cidade
    • By london.cidade 5th Jan 18, 1:05 PM
    • 98Posts
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    london.cidade
    Council tax for overlapping period
    • #1
    • 5th Jan 18, 1:05 PM
    Council tax for overlapping period 5th Jan 18 at 1:05 PM
    Hello,

    Our completion date was 1st of Dec.
    We were renting and liable until 18th of Dec.

    I called the council and explained the case. But they said that i have to pay twice council tax for the overlapping period, obviously we lived one of them for the overlapping period, and the rented one was unfurnished too.

    I am not sure, Where I stand legally for this? Any comments

    Thank you
Page 1
    • Margot123
    • By Margot123 5th Jan 18, 1:11 PM
    • 531 Posts
    • 544 Thanks
    Margot123
    • #2
    • 5th Jan 18, 1:11 PM
    • #2
    • 5th Jan 18, 1:11 PM
    I always thought that you didn't pay any council tax on an empty property for up to 6 months.
    Perhaps it varies between councils, or could it be that the liability needs to extend beyond 4 weeks?
    • Surrey_EA
    • By Surrey_EA 5th Jan 18, 1:13 PM
    • 1,345 Posts
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    Surrey_EA
    • #3
    • 5th Jan 18, 1:13 PM
    • #3
    • 5th Jan 18, 1:13 PM
    Council tax is a tax on domestic property.

    For a short period you had two separate properties at your disposal, therefore for that period you would be responsible for paying council tax at the appropriate rate for each property.

    What were you expecting out of interest?
    • Gabbs the Newt
    • By Gabbs the Newt 5th Jan 18, 1:13 PM
    • 72 Posts
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    Gabbs the Newt
    • #4
    • 5th Jan 18, 1:13 PM
    • #4
    • 5th Jan 18, 1:13 PM
    Empty properties do not always attract a discount. My local council charges 100% for empty properties, unless they have been empty for 2 years in which case it goes up to 150%. OP, if you have 2 houses (which you did for 18 days) then very often you will have to pay 2 lots of council tax.
    • Out, Vile Jelly
    • By Out, Vile Jelly 5th Jan 18, 1:14 PM
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    Out, Vile Jelly
    • #5
    • 5th Jan 18, 1:14 PM
    • #5
    • 5th Jan 18, 1:14 PM
    You are liable for Council Tax for the duration of your tenancy. If you choose to move elsewhere before your official end date, your LL can't be expected to pick up the tab.
    They are an EYESORES!!!!
    • Tigsteroonie
    • By Tigsteroonie 5th Jan 18, 1:14 PM
    • 22,641 Posts
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    Tigsteroonie
    • #6
    • 5th Jan 18, 1:14 PM
    • #6
    • 5th Jan 18, 1:14 PM
    It may be on an individual council basis - some charge for empty properties and some do not. We were obviously luckier than you, an overlap of a couple of weeks saw us only paying CT on one of the two houses.
    Going to become Mrs Marleyboy for real in 2018

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    • G_M
    • By G_M 5th Jan 18, 1:15 PM
    • 42,797 Posts
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    G_M
    • #7
    • 5th Jan 18, 1:15 PM
    • #7
    • 5th Jan 18, 1:15 PM
    Different councils have different olicies on empty property discounts, but increasingly thse discouts are reducing or disappearing.

    Check the council website.

    You are liable for CT on a property you own from date of Completion.

    Whether you are liable for a rental after moving out deends on the tenancy. Is it a fixed term, ending 18 Dec, or a periodic tenancy where you gave notice? If periodic, was it Contractual or Statutory?
    • aneary
    • By aneary 5th Jan 18, 1:20 PM
    • 866 Posts
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    aneary
    • #8
    • 5th Jan 18, 1:20 PM
    • #8
    • 5th Jan 18, 1:20 PM
    I technically had to pay 100% on one property and 75% (single person's discount) on the second property in my overlap of 3 weeks. They would only give me a empty property discount if work was being done and I didn't have a functioning kitchen.
    • Out, Vile Jelly
    • By Out, Vile Jelly 5th Jan 18, 1:28 PM
    • 3,748 Posts
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    Out, Vile Jelly
    • #9
    • 5th Jan 18, 1:28 PM
    • #9
    • 5th Jan 18, 1:28 PM
    It may be on an individual council basis - some charge for empty properties and some do not. We were obviously luckier than you, an overlap of a couple of weeks saw us only paying CT on one of the two houses.
    Originally posted by Tigsteroonie
    If you OWN two properties, some Councils allow a certain amount of time for an unoccupied discount/exemption.

    If you are moving between rented and owner-occupied, tax is still due on the rented property. This is charged to the LL during voids, but to the tenant for the duration of the contract.
    They are an EYESORES!!!!
    • CIS
    • By CIS 5th Jan 18, 2:21 PM
    • 10,197 Posts
    • 5,851 Thanks
    CIS
    You may not be liable - it depends on the wording of the tenancy agreement. The fact that you moved from a rental to an owned property is not relevant to this particular situation.

    If it was the rented property that was left unoccupied for a period then from the date of vacation;

    If you are still within the fixed period of the contract then you would remain liable for the unoccupied property's council tax charge until the end of that fixed period.

    Where the fixed term has ended you will then cease being liable for the unoccupied property's council tax charge unless the tenancy had continued from the fixed term under a contractual term (i.e if it hadn't defaulted to a statutory periodic tenancy).

    The issue came up in late 2016 in Leeds City Council v Broadley where the Court of Appeal clarified the issue regarding liability for unoccupied rented property.

    A common error is to assume a liability for rent and a liability for council tax are one and the same - they aren't as it should be remembered that council tax liability is governed specifically by council tax legislation.
    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.
    • london.cidade
    • By london.cidade 5th Jan 18, 8:44 PM
    • 98 Posts
    • 17 Thanks
    london.cidade
    Council tax is a tax on domestic property.

    For a short period you had two separate properties at your disposal, therefore for that period you would be responsible for paying council tax at the appropriate rate for each property.

    What were you expecting out of interest?
    Originally posted by Surrey_EA
    one of them was empty, therefore we didn`t create double disposal. I moved within the borough. I would expect not to pay twice for the overlapping period.

    Different councils have different olicies on empty property discounts, but increasingly thse discouts are reducing or disappearing.

    Check the council website.

    You are liable for CT on a property you own from date of Completion.

    Whether you are liable for a rental after moving out deends on the tenancy. Is it a fixed term, ending 18 Dec, or a periodic tenancy where you gave notice? If periodic, was it Contractual or Statutory?
    Originally posted by G_M
    it was statutory periodic Assured Shorthold Tenancy...

    You may not be liable - it depends on the wording of the tenancy agreement. The fact that you moved from a rental to an owned property is not relevant to this particular situation.

    If it was the rented property that was left unoccupied for a period then from the date of vacation;

    If you are still within the fixed period of the contract then you would remain liable for the unoccupied property's council tax charge until the end of that fixed period.

    Where the fixed term has ended you will then cease being liable for the unoccupied property's council tax charge unless the tenancy had continued from the fixed term under a contractual term (i.e if it hadn't defaulted to a statutory periodic tenancy).

    The issue came up in late 2016 in Leeds City Council v Broadley where the Court of Appeal clarified the issue regarding liability for unoccupied rented property.

    A common error is to assume a liability for rent and a liability for council tax are one and the same - they aren't as it should be remembered that council tax liability is governed specifically by council tax legislation.
    Originally posted by CIS
    thank you, as you mentioned above, it was empty and unoccupied.
    • G_M
    • By G_M 5th Jan 18, 10:38 PM
    • 42,797 Posts
    • 50,032 Thanks
    G_M
    one of them was empty, therefore we didn`t create double disposal. I moved within the borough. I would expect not to pay twice for the overlapping period.

    Why. Council tax is payable on properties, not people (that was the Poll tax!). You have 2 properties, so 2 x CT.

    The fire service will attend either property is there's a fire etc etc.

    it was statutory periodic Assured Shorthold Tenancy...
    Then you're lucky. hat is the exception. In a SPT, CT libility ends when you vacate - it's the only exception (that I know of).

    thank you, as you mentioned above, it was empty and unoccupied.
    Originally posted by london.cidade
    .................................................. ......
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