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Can my landlord withold my deposit over counci tax?

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Comments

  • anselld
    anselld Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 October 2011 at 8:34AM
    Soot2006 wrote: »
    Can one seriously be liable for council tax for 6 weeks? This can't be a main residence, surely? More like a 6-week holiday home?

    If OP is liable then obviously he should pay - couldn't be that much for 6 weeks ... On the other hand, I still want to know on what type of agreement this 6-week "rental" occurred.

    If it was a holiday let OP would be paying elsewhere, but they were not. So yes OP is liable. In fact OP has never denied liability.

    So the council WILL want someone to pay and obviously that should be the OP.
  • That,s what i was going to say about it,s not a AST. So what contract was it?
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    ASTs are the default type of tenancy, whatever the duration, when the landlord is not resident. So unless the tenancy agreement specifically stated that it was e.g. an holiday let, it was an AST.

    As for council tax liability, I believe that the occupier is always higher on the hierarchy of liability than the owner/landlord. So from the council's point of view the occupier is liable no matter the type of tenancy or licence.
  • anselld
    anselld Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It can still be an AST. 6 months minimum applies to notice to quit etc, but a shorter AST is still a valid tenancy.
  • anselld
    anselld Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    jjlandlord wrote: »
    the occupier is always higher on the hierarchy of liability than the owner/landlord

    unless HMO or live-in LL of course.
  • decsdad
    decsdad Posts: 265 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I had to show my letting agency proof of payment of all the bills before they returned my deposit, I did think they just did it to keep the deposit for another couple of months though. Difference being I had paid my way and could provide the proof.
    If I was the landlord, I would pay the council tax, keep £50 admin fee for the hassle, and give you whats left.
  • missile
    missile Posts: 11,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    decsdad wrote: »
    I had to show my letting agency proof of payment of all the bills before they returned my deposit, I did think they just did it to keep the deposit for another couple of months though. Difference being I had paid my way and could provide the proof.
    If I was the landlord, I would pay the council tax, keep £50 admin fee for the hassle, and give you whats left.

    The LL does not get any interest on your deposit if it is in protected scheme > http://www.mydeposits.co.uk/

    If I was the landlord, I would not refund deposit and let OP raise a dispute.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    unless HMO or live-in LL of course.

    Technically an HMO is not covered in the hierarchy of liability (its a separate regulation which overrides the hierarchy)
    Can one seriously be liable for council tax for 6 weeks? This can't be a main residence, surely? More like a 6-week holiday home?

    A property can be your 'sole or main residence' for any period, even one day, if the intention was their to live in the property as your main residence.
    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.
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