Council Tax query - getting a bill when I have moved out?

CIS

So if the OP had reached an agreement with his landlord to terminate his tenancy three months early he wouldn't be liable for Council Tax?

That's correct

antrobus

CIS wrote: »

90% of the definitions in council tax are not fully defined in legislation and have been decided by case law and common practice.

The property would count as a second home as long the tenants hold a tenancy and are not resident.

Ah yes but (most of) the tenants were resident in this case.

Curiously enough the OP's predicament seems very similar to that outlined by one Samuel Orange on this thread a few months ago (see posts 94 onwards)

https://forums.moneysavingexpert.com/discussion/1708565

Which I mention because, of course, you responses contained therein seem to suggest that the OP should not be held liable for Council Tax in the circumstances outlined.

CIS

Ah yes but (most of) the tenants were resident in this case.

Yes, so the ones who are resident are liable as the occupiers - occupiers will always trump a person who has the property as their second home by virtue of them being resident.

When all of the tenants have left then it becomes their second home as long as they hold the tenancy.

Which I mention because, of course, you responses contained therein seem to suggest that the OP should not be held liable for Council Tax in the circumstances outlined.

Which post in particular are you referring to and on what basis ?

KML373

The council in question is Hillingdon Council, but I cannot seem to find any legislation to tell me whether I am liable or not.

I contacted the council yesterday with regards to the situation and the lady on the phone originally told me that I was liable to pay because my tenancy was still running (and my dodgy landlord - I believe he told them my tenancy was still running and therefore he believed I was still living there).

The landlord knew I was moving out 3 months early, as I told him this on numerous occasions. As I was still in the tenancy and there was no get out clause (due to the fact it was a joint short-hold tenancy between 5 of us) I told him I would still pay rent for the rest of the tenancy, but that I would not be living there. All he had to do was tell the council I had moved out, but from the information that I received on the phone, it seems like he told them I was still "there".

After much discussion about the situation, and the fact that there were still 4 students living there when I moved out (so they were the resident tenants when I left), she became unsure as to whether I am liable so she has passed the situation onto another department and I am now waiting for a letter from them stating my rights etc..

Now its just a waiting game. The one irritating thing, is that when I contacted the council originally in March when I moved out, the council told me that the liability would fall onto the other residents (who are students anyway, so exempt) or to the owner/landlord. So I don't know where I stand as I am being given conflicting information.

Would I still be the official occupier as a shared tenancy holder between 5 of us? Obviously the only reason I am getting chased for money at the moment is because I was the only tenant who was liable to pay, but surely when I left, the liability should technically fall onto the resident tenants, who are students anyway?

CIS

Now its just a waiting game. The one irritating thing, is that when I contacted the council originally in March when I moved out, the council told me that the liability would fall onto the other residents (who are students anyway, so exempt) or to the owner/landlord. So I don't know where I stand as I am being given conflicting information.

That the correct answer they gave you.

antrobus

CIS wrote: »

Which post in particular are you referring to and on what basis ?

The circumstances outlined by 'Samuel Orange' in posts #94 and #96 and then summarised in post #99, which essentially involved two individuals sharing a tenancy, one a student and one a non-student, and where the non-student left the property early. Which is very similar to the OP's dilemma here, to which you gave a response which I now see is essentially identical to the response you have now given here in post #16 i.e. that the now non-resident non-student isn't liable for council tax.

I hope that makes sense.