Council tax exemption

U2fire

Hi, i have been renting a flat incorporating the council tax, so i as landlord am liable.
I originally set this up and was lead to believe that i could do this as long as the bill was paid, it has been.
The tenancy has finished and the property is empty and unfurnished, so i applied for an exemption, i last had an exemption around 2 years ago for 6 months, the council say that the bill has to be in my tenants name and have even credited me and i assume are chasing them, even though i have told them i am liable and they have been paid!

Also the exception has been turned down as they say i have used my full excemption, my understanding is if there has been a break in between then there would be another exemption due.

Any advice much appreciated

Doozergirl

I don't often have the chance to use two exemptions but we're onto a second exemption at the moment on a house that we only moved into for a few months. They even told us it was exempt again when we told them we'd moved out again and it was being sold.

Every time I've heard about it, you are allowed to claim again after a reasonable period of time (more weeks than years!)

Have you tried phoning and speaking to someone else? If it was 2 and a half years ago, it's hardly an empty property and you a serial exemption seeker. It goes with the territory on a rental property that it might be empty sometimes.

Their stance doesn't sound right to me but I don't have any links to back it up.

tbs624

Have a look at http://www.scotland.gov.uk/Resource/Doc/1070/0100563.pdf

See under the hierarchy of liability. I don't know enough about Scottish law to know whether a LL can do as you say you have done and include the CT with the rent, to be paid over to the Council by the LL, except in specific cases where the actual liability rests with the LL as say for example, is the case with an HMO. Under the hierarchy in your case, the liability rests with the T but you sought to alter that via your tenancy agreement.

Given the difficulty that Councils have with getting the CT paid I would have thought that the simple production of a verified copy of your tenancy agreement, plus evidence that you in fact paid the correct amount of CT due, would be sufficient.

Have you been in touch with your former T - you say that the Council "have even credited me and i assume are chasing them", but if your tenancy agreement clearly stated that the T had to pay you the CT, and it was down to you to pass it on to the Council, then the money that has been repaid to you is clearly not yours to keep. Unless you take prompt action to resolve this matter I think you may be on the receiving end of a Sherriff Court action by your former T.

FWIW I agree with Doozer above on the exemption.