Council tax exemption

fishpond

marliepanda wrote: »

They are responsible... But they are also entitled to claim the non occupied discount.

Why? as they have signed a legally binding contract which is valid until 5/8, and they are able to move back in up to that date, assuming that they left in the 1st place
Can they prove without doubt that they did leave, if so, I assume they are guilty of breach of contract by their own admission.
If they can't prove that they left the property, never to return----?

Smichri

We've had a similar question. Recently completed on a property which we can't occupy immediately, only to find previous owner claimed 3 weeks empty property discount. Yet we were in the property a week before exchange and it was certainly furnished and occupied then. Have queried it with the council but they say we have to provide the evidence that the previous owner was still in occupation, which is impossible. Seems a very unfair system where the first in the chain takes the 100% discount period and we lose 3 weeks of our claim, but that's the law.

tunnel

poppysarah wrote: »

And I'll say it again

"So what does the tenancy say about council tax?"

Two points,
1- Pay all charges and council tax or any similar tax that might be charged in addition to or replacement of it during the term.
2- Not do anything which may invalidate the insurance of the property.


So I'm guessing its ok to leave early and use some exemption but they should have notified me that they were doing so.


Bit late for me now so i'll just take it on the chin.

nidO

tunnel wrote: »

So I'm guessing its ok to leave early and use some exemption but they should have notified me that they were doing so.

There's not really any requirement for them to do so. Unless your insurance is different (and you told them so) from most, within the bounds of their tenancy agreement and your clause to "not do anything to invalidate the insurance" its fair to assume the property can be left empty for anything upto 30 days in this scenario, as thats how long most insurance policies allow a property to be empty.

So, there's absolutely no reason to expect them to tell you they were leaving the property 9 days early, they paid you rent for those 9 days so the property was theirs to choose to live in or not, they were responsible for the council tax during those 9 days and so were every bit as entitled to claim the exemption for not being there, as you were for the 2 and 2/3 months following the end of the tenancy when you also were not there.

tunnel

nidO wrote: »

So, there's absolutely no reason to expect them to tell you they were leaving the property 9 days early, they paid you rent for those 9 days so the property was theirs to choose to live in or not, they were responsible for the council tax during those 9 days and so were every bit as entitled to claim the exemption for not being there, as you were for the 2 and 2/3 months following the end of the tenancy when you also were not there.

And that is the grey area. I'm not legally entitled to enter the property until the tenancy ends(unless in emergency) so nobody knows if they were living there or not, its done on their word alone and a simple council check that's wide open to abuse.

nidO

tunnel wrote: »

And that is the grey area. I'm not legally entitled to enter the property until the tenancy ends(unless in emergency) so nobody knows if they were living there or not, its done on their word alone and a simple council check that's wide open to abuse.

The same goes for anyone.

The fact that they're renting from you and are using an exemption that you might otherwise use is totally incidental, no-one is legally entitled to enter the house you or I live in and own either, but if you or I claim council tax exemption on your/my own property it's still up to the council to decide whether they're satisfied that the house is indeed empty, as they did in the case of the property your tenant rents from you.

tunnel

Guess I'll have to pay it, at least as an expense its tax deductible.

CIS

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?

The council are under no obligation to discuss the tenants council tax affairs with you. All they need to do is advise you accordingly that a discount/exemption is/isn't available only when you try and claim it.

Kynthia

nidO wrote: »

There's not really any requirement for them to do so. Unless your insurance is different (and you told them so) from most, within the bounds of their tenancy agreement and your clause to "not do anything to invalidate the insurance" its fair to assume the property can be left empty for anything upto 30 days in this scenario, as thats how long most insurance policies allow a property to be empty.

So, there's absolutely no reason to expect them to tell you they were leaving the property 9 days early, they paid you rent for those 9 days so the property was theirs to choose to live in or not, they were responsible for the council tax during those 9 days and so were every bit as entitled to claim the exemption for not being there, as you were for the 2 and 2/3 months following the end of the tenancy when you also were not there.

I agree completely with this. The tenant is liable for council tax for the entire tenancy. However that liability is to pay what is due and if they claim the unoccupied property exemption then that is their right while the property is theirs and no CT is due. It's not the tenant's fault that the council don't reset this allowance between occupiers.

If the tenant moved out early, the tenancy still continued therefore they still had to pay rent and didn't have to tell the landlord. If there is a clause in the contract about a maximum period of un-occupancy that is allowed then they shouldn't exceed this, but I doubt 9 days exceeds this as many of us have holidays longer than this.