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Council tax exemption
tunnel
Posts: 2,601 Forumite
Hi,
I had a tenant move out of a property back in August this year but have only recently re-let the house. The previous tenant though had apparantly informed the council that they had vacated the property in late July.
I've since received a letter from the council stating that the previous tenant was entitled to part of the exemption from 27/7 to 5/8(end of tenancy agreement). The tenant never informed us the house was empty, indeed they didn't hand the keys back until 5/8.
The exemption is for 3 months in total and the house, in my eyes, was empty from 5/8(keys back) to 8/11, so 3 days to pay for. The council say NO it was empty from 27/7 to 8/11 because the tenant had informed them otherwise.
Any clues as to where i might stand with this? I've never come across this before and it does seem somewhat a grey area.
Tunnel
I had a tenant move out of a property back in August this year but have only recently re-let the house. The previous tenant though had apparantly informed the council that they had vacated the property in late July.
I've since received a letter from the council stating that the previous tenant was entitled to part of the exemption from 27/7 to 5/8(end of tenancy agreement). The tenant never informed us the house was empty, indeed they didn't hand the keys back until 5/8.
The exemption is for 3 months in total and the house, in my eyes, was empty from 5/8(keys back) to 8/11, so 3 days to pay for. The council say NO it was empty from 27/7 to 8/11 because the tenant had informed them otherwise.
Any clues as to where i might stand with this? I've never come across this before and it does seem somewhat a grey area.
Tunnel
2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)
0
Comments
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the council is correct. They can only go off what they are told. If the tenant has used up the empty property discount for whatever reason during their tenancy then you will have to pay full whack. It's weird because council tax and tenancies don't work on the same basis and the empty homes discount applies to the property and not the occupier.
Sorry
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
So what does the tenancy say about council tax?0
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Any clues as to where i might stand with this? I've never come across this before and it does seem somewhat a grey area.
Assuming the tenant hasn't pulled a fast one then the council are correct in that the tenant can claim the reduction if they meet the relevant conditions.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.0 -
I presume that circumstances changed for the tenant. Rather than negotiating with you to finish the tenancy early they seem to have decided to leave early whilst honouring their tenancy. They have informed the council that they have moved out and claimed the relevant discount. They don't, on the face of it appear to have done anything wrong. Annoying from your point of view admittedly, but I can't see they have actually done anything wrong.
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
Then aren't the council liable to inform me that there is a 3 month exemption from the day the tenant informed them, instead of waiting till the house is occupied and dropping it on me?
Don't get me wrong, i don't mind paying whats due, but surely the tenant should also have informed me as to their plans to leave the house unoccupied(doesn't that invalidate the insurance?)2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)0 -
And I'll say it again
"So what does the tenancy say about council tax?"0 -
Then aren't the council liable to inform me that there is a 3 month exemption from the day the tenant informed them, instead of waiting till the house is occupied and dropping it on me?
Don't get me wrong, i don't mind paying whats due, but surely the tenant should also have informed me as to their plans to leave the house unoccupied(doesn't that invalidate the insurance?)
Yes they should have told you what's going on and yes it probably invalidated your insurance but I'm not sure what you can do about it. You could in theory launch a small claims action against the tenant for your loss of council tax exemption but I doubt you'd get very fair.
You are entitled to be a bit fed up about it though. The joys of being a landlord I guess. It could be worse. A lot worse.
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
The way I see it.
The tenancy expired on the 5/8, as the tenant could (legally)have moved back in up to that date.
Therefore in my mind the tenant is responsible for the ct up to that date.I am a LandLord,(under review) so there!:p0 -
An I reading this wrong or is this a complaint about 9 days of council tax?
Sounds like they told the council their move out date and the council applied the empty property discount.
The tenants are just as entitled to those 9 free days as you are. I'm assuming I'm reading it wrong as this is daft0 -
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