Question for landlords re. council tax

BookLover_4

My tenants have paid rent until the 02/12/12 when their tenancy ends but have informed the council tax office that they have left the property. I have been billed from the date the tenant left (03/11/12). I believed they had to pay all bills until the end of the tenancy as stated in the tenancy agreement but is this right? Do they still have to pay council tax even if they're not living there? Any help would be appreciated before I start arguing with the council tax office

julieb1987

As the tenancy is still in their name, so should the CT. Some councils give discount or exemptions for empty properties. Speak to the tenants too. Maybe they told the council they have moved out but failed to mention about them being tenancy holders until December, and the council have automatically transferred the CT back to you. It may just be a misunderstanding, but speak to both the tenants and Council tomorrow.

dancingfairy

They are still liable for the bill until the end of the tenancy. If the property is let unfurnished then they could claim the unfurnished discount and therefore not have to pay anything. Likewise when it is your responsibility you can continue to claim the empty, unfurnished discount for the reaminder of the 6 months.
If it is furnished then they will have to pay the second home rate.
df

julieb1987

dancingfairy wrote: »

They are still liable for the bill until the end of the tenancy. If the property is let unfurnished then they could claim the unfurnished discount and therefore not have to pay anything. Likewise when it is your responsibility you can continue to claim the empty, unfurnished discount for the reaminder of the 6 months.
If it is furnished then they will have to pay the second home rate.
df

I think this depends on the Local Authority. Our Tenancy and completion overlap and Cheshire East Council will exempt us fully for one property whether it's furnished or not.

Speak to them tomorrow see what they say

CIS

Our Tenancy and completion overlap and Cheshire East Council will exempt us fully for one property whether it's furnished or not.

Dancingfairy is correct in what she has said.

The council shouldn't give you an exemption for an unoccupied & furnished property - the council don't have the legal powers to give more than a 50% discount for a furnished, unoccupied property.

I believed they had to pay all bills until the end of the tenancy as stated in the tenancy agreement but is this right? Do they still have to pay council tax even if they're not living there

Its a common problem - the tenants often just give the date of vacation and state that this is the end of tenancy. The council will go with that date until they are advised otherwise as to the end of tenancy date.

Fire_Fox

"The hierarchy of liability is:

a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
a resident tenant
a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
any resident living in the property, for example, a squatter
an owner of the property where no one is resident."
http://www.adviceguide.org.uk/england/tax_e/tax_council_tax_ew/council_tax.htm

My understanding is that they are still a resident tenant if they are still in contract and have exclusive occupancy (landlord not then supposed to use the property or relet it), but would not be if you had agreed to an early surrender which still might mean they pay the rent to the end of the period or fixed term but you could go in and redecorate say.