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Letting my property for first time - Council Tax

Do I need to send copies of my tenants agreement to the local council so they know it is being let and that I am not responsible foe the council tax or is it upto the council to invoice who now lives there and find this information out themselves.

I.e. do I have a legal requirement to inform who is now renting my property , if so how do I do this, via sending in copies of the tenancy agreements or filling in another form?
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Comments

  • 456789
    456789 Posts: 2,305 Forumite
    1,000 Posts Combo Breaker
    Whenever I have moved into a rented property I have phoned the council and told them I would be responsible for paying the council tax.

    Tell your tenant to phone them (and put in the contract that s/he is responsible for paying the council tax) and then after a few days ring the council to check they have changed the details over.
  • But is there a legal requirement for me to submit the contract or is it the responsibility of the tenants to inform the council... obviously doing the above solves the problem but I'd just like to know where the responsibility lies.
  • AGBAGB
    AGBAGB Posts: 118 Forumite
    As a LL I just ring the council and let them know who is moving in and when. I also ask the tennant to ring in to confirm this.

    I don't think it's a legal requirement but you dont want to be paying tenants CT for them. I think the AST agreement would only be need as evidence if the tenant disputed the dates. Although I'de not quibble over few days at hand over
    :confused:
  • Excellent, so just calling them and advising the tenant to do the same is suffice and having the tenancy agreement is always my back up should things go wrong.

    Thanks all.
  • i cancelled mine so i wasnt paying as the house was empty for 2 weeks, we had a refund and we then gave them the tenants names and they contaced them direct, its there responsibility then, they signed the AST and it clearly states they will pay council tax, i think i done my tenant heads in as i got them to sign photographs of metres confirming the metre readings.

    They had rented before and said they had never had to sign so much stuff, i just told them i was a bit nieve and this was the way i had been showed to do it.

    They obviously had used a lapse agent before, but having done my homework on here and other sites i think i covered all avenues.
    I am not a Mortgage Adviser
    You should note that this site doesn't check my status as not being a Mortgage Adviser, so you need to take my word for it. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • I suppose that's a good idea and there's no harm in protecting yourself... People abuse things at times, it's fact and if you don't know the person that's moving in I think it's a wise move to employ such tactics.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do I need to send copies of my tenants agreement to the local council so they know it is being let and that I am not responsible foe the council tax or is it upto the council to invoice who now lives there and find this information out themselves.

    I.e. do I have a legal requirement to inform who is now renting my property , if so how do I do this, via sending in copies of the tenancy agreements or filling in another form?

    Its always best to do so - we are always chasing L/L's who forget to inform us.

    There is a legal requirement to provide the details of tenants if requested under regualtion 3 of the council tax (administration and enforcement regs) 1992 - this carries a penalty if not provided - but requires a notice to be served by the council.

    Iam not aware of any requirement to inform the council that you are no longer resident etc but if you received any discount/exemption etc there is a requirement that you advise the council you are no longer eligible for it - this is usally followed by the supplying of new occupier details in the case of rental properties.
    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.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The easiest thing to do is to inform the council of the change of residency of both properties (your old and new houses) via their website, then you have a paper trail without having to leave your armchair.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Excellent, so just calling them and advising the tenant to do the same is suffice and having the tenancy agreement is always my back up should things go wrong.
    Yes, but easiest is to write letters (keep copy, copy to tenants) to all relevant authorities (Council, BT, Elect, Water, Gas, TV License, Sky, etc..) with dates, who moved in & any meter readings...

    That way, no nasty surprises later when someone claims never to have been told...


    Cheers!

    Lodger

    PS You've done all the other things?? Gas safety cert, EPC, permission from lender, got landlord insurance, told the tax-man (if he hears from someone else you are renting he'll be suspicious...) etc. etc. etc...redirected mail (beware identity theft!!! )

    And you do have the emotional & financial resilience to cope with the "tenant from hell" who doesn't pay for 9 months whilst you keep paying the mortgage, legal fees (to get him out)... then 'phones and says the toilet is broken and you have to get it fixed, notwithstanding no rent for 9 months...????

    Welcome to the fun world of Property Letting!
  • 456789
    456789 Posts: 2,305 Forumite
    1,000 Posts Combo Breaker
    And you do have the emotional & financial resilience to cope with the "tenant from hell" who doesn't pay for 9 months whilst you keep paying the mortgage, legal fees (to get him out)... then 'phones and says the toilet is broken and you have to get it fixed, notwithstanding no rent for 9 months...????

    Welcome to the fun world of Property Letting!
    Some contracts say the contract will terminate if the rent is overdue for 14 days - if it did and the tenant refused to leave you wouldn't be responsible for fixing the toilet or would you?
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