Tenant - Moved out but in contract - council tax?

ComputeAngel

Hi Guys,

I have moved out of the rented property on 19th of July 2014. My tenancy contract was valid till 1st of August and I paid the rent till 1st of August. I informed council that I moved out on 19 and they sent me the final council tax & I paid.

Now the new tenant moved into that property on i think 5th Aug. Council has sent the council tax bill to landlord for this period (19th to 5th) and he has paid the bill.

Now he is asking me to pay to him. Is he right in demanding this bill from me?

Thanks

fishpond

Unless you can prove otherwise, I imagine you are liable up to the 1st.
Do you have written confirmation of your conversation with the council?

Sorry, having just reread your post it seems you have got proof.
I would contact the council as it seems the landlord is having a laugh at your expense.

aggypanthus

I would expect you to pay, its your responsibility till the end of your tenancy. WHY should the LL be expected to lose out, just cos you left early?

DTDfanBoy

ComputeAngel wrote: »

Is he right in demanding this bill from me?

Thanks

Most probably not, as far as the council is concerned the landlord is liable for any council tax due after you move out.

You may want to check your tenancy agreement to make sure that the LL hasn't added a clause in an attempt to make you liable for the CT due.

rpc

It will depend on the contract and some basic assumptions.

Once you move somewhere else, you are (normally) no longer liable to the council and LL will be. See the hierarchy of liabilities (http://www.wandsworth.gov.uk/info/200267/about_council_tax/16/who_is_liable) - as a tenant you need to be resident to be liable.

You might have a contractual liability to the LL. So LL has to pay the council, you then have to pay the LL. It depends what it says in your contract...

jjlandlord

If the tenancy was a fixed term tenancy, then OP remained liable to the council even after he moved out and until the end of the tenancy. The landlord should have refused to pay the council.

In any case it is common practice that the tenancy agreement make the tenant liable to the landlord.
If it is the case here then OP is liable to refund his landlord, indeed.

ComputeAngel

jjlandlord wrote: »

If the tenancy was a fixed term tenancy, then OP remained liable to the council even after he moved out and until the end of the tenancy. The landlord should have refused to pay the council.

In any case it is common practice that the tenancy agreement make the tenant liable to the landlord.
If it is the case here then OP is liable to refund his landlord, indeed.

It was a "periodic tenancy"

pmlindyloo

According to this

https://www.shropshire.gov.uk/council-tax/who-is-responsible-for-paying-council-tax/

if it was a periodic tenancy then the landlord is liable.

jjlandlord

pmlindyloo wrote: »

if it was a periodic tenancy then the landlord is liable.

Yes, the landlord was liable to the council.

However, as said that does not answer OP's question and, as mentioned, he should check his tenancy agreement.