Council Tax Problem!

timberflake

Didn't know where else to put this so please move it if its in the wrong place.

In May of this year, my girlfriend and I decided to move from out rented property into somewhere cheaper. We found a place and handed our 1 month notice in our current place, or so we thought.

on 14th June, our LL advised us that we were actually required to give two months notice not 1. We reviewed our paperwork, and this was correct. Ok we thought, out mistake, so we paid up until the end of July.

However, by this point, we'd already advised utility companies and the Council tat we were vacating at the end of June so decided to still move the end new place and did so on 26th June.

I left one set of keys in the apartment and used the other set to lock the place up and then posted the keys through the letter box (relations were stressed at this point with the LL).

I emailed the LL on 28th June stating that we'd vacated and had left the keys in a secure place. This email was acknowledged by the LL.

However, we've now had a letter from the Council stating that we owe Council Tax for the month of July. It would seem that my LL is tryng to get us to pay for it so that she doesn't have to!

Where do we stand? I advised the Council on 10th June that we would be leaving at the end of June and my LL acknowledged my email of 28th informing her that we had left.

Surey this would be enough proof that we're not liable for the July Council Tax?

cyberbob

As you were technically renting the property until the end of July (even if you hand the keys over) you are liable for any council tax on that property. I assume that the LL informed them of the correct date you were officially no longer in a contract on the property which was actually July. If you can prove to the council that the property was unfurnished and empty at the time it can be counted as exempt from council tax for up to 6 months. So you need to speak to the council. No matter what you were legally still renting until the end of July (as you paid rent to that point and thats when the lease ends) so you are liable. Why should the LL be liable when you are still officially renting.

Also to add you are also liable for any utility bills until your contract was up (the end of july)

GillsMan7

More pertinently, perhaps, if you were still under contract, then you didn't need to give any notice whatsoever, much less two months. If you have an AST that expires on, say, 29 June, then you can just leave on the day should you wish, even if the contract stipulates that you must give two months notice. Of course it's polite and good manners to give as much notice as possible.

If you were on a statutory periodic tenancy, then you needed to give a minimum of one month's notice ending on a rent day. So if you pay rent on the 29th of each month and wanted to move out on 29 August, the latest you could give notice is 28 July.

Many LL's have contracts that state you must give two months notice, but this is unenforcable.

With the above in mind, and given that you've paid a month's rent when you weren't in the property, I'd be inclined to ask the LL to pay for the CT.

fluffnutter

cyberbob wrote: »

As you were technically renting the property until the end of July (even if you hand the keys over) you are liable for any council tax on that property. I assume that the LL informed them of the correct date you were officially no longer in a contract on the property which was actually July. If you can prove to the council that the property was unfurnished and empty at the time it can be counted as exempt from council tax for up to 6 months. So you need to speak to the council. No matter what you were legally still renting until the end of July (as you paid rent to that point and thats when the lease ends) so you are liable. Why should the LL be liable when you are still officially renting.

Also to add you are also liable for any utility bills until your contract was up (the end of july)

I think cyberbob is spot on, but....

When I bought my house, I didn't move in right away. I was exempt from council tax for this period (up to six months). I remember it being very straightforward to arrange but, critically, that the property must be unfurnished.

How then does this work for furnished rented properties?

CIS

If the property was unoccupied and substantially unfurnished then a Class C exemption of up to 6 months can be claimed.

If the property was unoccupied but furnished then a discount of between 50% and 10% can be awarded depending on the local authority.

If you have proof that the tenancy ended earlier than they say and the L/L had released you from the contract then you need to speak to the council again otherwise you are liable.