Council Tax Help

G_M

So you have a tenancy agreement till March 21st?
And replacement tenant moves in on March 20th/21st?

Sounds like your liability (for rent, utilities, council tax etc) continues till March 21st!

You cannot just 'move out' to end a tenancy.
You can of course move out any time you want (subject to tenancy clauses regarding leaving the property 'unoccupied' which does not apply here), but the tenancy does not end and nor fo your liabilities.

Did you serve notice on the landlord?
Did he accept it?
Is your tenancy actually ending? Date?

What tenancy type did/do you have?
* Fixed term? Periodic? Exact dates please.
* sole name, or joint tenancy with the student?
* date you sent notice to landlord?
* date you gave LL in your notice to end tenancy?
* reply by landlord?

Guest101

G_M wrote: »

So you have a tenancy agreement till March 21st?
And replacement tenant moves in on March 20th/21st?

Sounds like your liability (for rent, utilities, council tax etc) continues till March 21st!

You cannot just 'move out' to end a tenancy.
You can of course move out any time you want (subject to tenancy clauses regarding leaving the property 'unoccupied' which does not apply here), but the tenancy does not end and nor fo your liabilities.

Did you serve notice on the landlord?
Did he accept it?
Is your tenancy actually ending? Date?

What tenancy type did/do you have?
* Fixed term? Periodic? Exact dates please.
* sole name, or joint tenancy with the student?
* date you sent notice to landlord?
* date you gave LL in your notice to end tenancy?
* reply by landlord?

To be fair, if he leaves, his council tax liability would end, but on the basis that the other joint tenant is a full time student, so slightly different to what we usually see.

lodgertotenant

G_M wrote: »

So you have a tenancy agreement till March 21st?
And replacement tenant moves in on March 20th/21st?

Sounds like your liability (for rent, utilities, council tax etc) continues till March 21st!

You cannot just 'move out' to end a tenancy.
You can of course move out any time you want (subject to tenancy clauses regarding leaving the property 'unoccupied' which does not apply here), but the tenancy does not end and nor fo your liabilities.

Did you serve notice on the landlord?
Did he accept it?
Is your tenancy actually ending? Date?

What tenancy type did/do you have?
* Fixed term? Periodic? Exact dates please.
* sole name, or joint tenancy with the student?
* date you sent notice to landlord?
* date you gave LL in your notice to end tenancy?
* reply by landlord?

Did you serve notice on the landlord? - Yes in 2015 and officially in writing to the letting agency when offered to renew at the beginning of this month (January). I don't know my landlords contact details, it is all done via the letting agency.
Did he accept it? - Yes as other tenant was offered the option of finding a replacement and if he didn't by 21/22 Jan they the flat would be re-let as a whole to someone else
Is your tenancy actually ending? Date? Tenancy ends on 21st March 2015

What tenancy type did/do you have? - ASH Tenancy Agreement in both names. Fixed term for 12 months from March 22nd 2015 - March 21st 2016
* Fixed term? Periodic? Exact dates please.
* sole name, or joint tenancy with the student?
* date you sent notice to landlord?
* date you gave LL in your notice to end tenancy?
* reply by landlord?

Pixie5740

I wasn't implying you are doing anything dodgy. I was asking to make sure that your liability would definitely end 21st March. Some people think they can play musical tenants with joint tenancies but they can't.

ASH? Is that supposed to be an Assured Shorthold Tenancy in England or Wales, or a Short Assured Tenancy in Scotland?

Guest101

lodgertotenant wrote: »

Did you serve notice on the landlord? - Yes in 2015 and officially in writing to the letting agency when offered to renew at the beginning of this month (January). I don't know my landlords contact details, it is all done via the letting agency.
Did he accept it? - Yes as other tenant was offered the option of finding a replacement and if he didn't by 21/22 Jan they the flat would be re-let as a whole to someone else
Is your tenancy actually ending? Date? Tenancy ends on 21st March 2015

What tenancy type did/do you have? - ASH Tenancy Agreement in both names. Fixed term for 12 months from March 22nd 2015 - March 21st 2016
* Fixed term? Periodic? Exact dates please.
* sole name, or joint tenancy with the student?
* date you sent notice to landlord?
* date you gave LL in your notice to end tenancy?
* reply by landlord?

So if your housemate stays on (which he can do, as you cannot give notice to end a fixed term), the tenancy becomes periodic and you will be jointly liable for rent.


(ignore my previous post regarding double rent - not applicable here.)

lodgertotenant

Pixie5740 wrote: »

I wasn't implying you are doing anything dodgy. I was asking to make sure that your liability would definitely end 21st March. Some people think they can play musical tenants with joint tenancies but they can't.

ASH? Is that supposed to be an Assured Shorthold Tenancy in England or Wales, or a Short Assured Tenancy in Scotland?

Sorry, I was just surprised to be asked all of this as I was originally posting about the council tax. Yes it is an Assured Shorthold Tenancy in England and ends on 21st March 2016. All the bills for the flat have always been in my roomates name, I was only ever named on the council tax because he is a student. I just didn't see the point in me living there up until the 21st March when I could live elsewhere a few weeks sooner where I'll be much happier.

lodgertotenant

Guest101 wrote: »

So if your housemate stays on (which he can do, as you cannot give notice to end a fixed term), the tenancy becomes periodic and you will be jointly liable for rent.


(ignore my previous post regarding double rent - not applicable here.)

I'm not sure I understand you. My tenancy agreement says this;

The tenancy shall be from and including the 22 March 2015 ('the

Commencement Date") to and including 21 March 2016 ('the Expiration Date"),

"the Term." (Term of contract 12 months)

Therefore how can I be liable for anything to do with that property after the 22nd March 2016 when my roomate signs a new agreement with another person?

Guest101

lodgertotenant wrote: »

Sorry, I was just surprised to be asked all of this as I was originally posting about the council tax. Yes it is an Assured Shorthold Tenancy in England and ends on 21st March 2016. All the bills for the flat have always been in my roomates name, I was only ever named on the council tax because he is a student. I just didn't see the point in me living there up until the 21st March when I could live elsewhere a few weeks sooner where I'll be much happier.

You'd still be liable for the rent (the full amount, not half)


and you'd still be liable for any standing charges for utilities (this would be liable to your housemate, not the LL)


As I said, the C Tax is separate.

Guest101

lodgertotenant wrote: »

I'm not sure I understand you. My tenancy agreement says this;

The tenancy shall be from and including the 22 March 2015 ('the

Commencement Date") to and including 21 March 2016 ('the Expiration Date"),

"the Term." (Term of contract 12 months)

Therefore how can I be liable for anything to do with that property after the 22nd March 2016 when my roomate signs a new agreement with another person?

You cant be, if he signs a new contract. But by my understanding he hasn't?

HappyMJ

lodgertotenant wrote: »

Sorry, I was just surprised to be asked all of this as I was originally posting about the council tax. Yes it is an Assured Shorthold Tenancy in England and ends on 21st March 2016. All the bills for the flat have always been in my roomates name, I was only ever named on the council tax because he is a student. I just didn't see the point in me living there up until the 21st March when I could live elsewhere a few weeks sooner where I'll be much happier.

What they're trying to do is figure out exactly when you are liable up to. It could be the 21st March if the new tenant moves in on the 22nd March on new tenancy agreement. It could be earlier if the new tenant moves in on a new tenancy agreement or it could be later. If your house mate doesn't move out on the 21st March and doesn't sign a new tenancy agreement in their own name only and the new tenant doesn't move in for another month then you might just be liable for another month of council tax.