Council Tax Help

Guest101

HappyMJ wrote: »

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.

The OP will stop being liable for council tax, when he leaves.


The sole occupier (and legal tenant) will be a student, who is not liable for council tax.


This is different to tenants just leaving the property, as is usually the case.

Nick_C

Councils have a habit of demanding information they are not entitled to.

Council Tax liability is based on occupancy. Once you cease being an occupier, your liability ends. Where the property is empty, the owner of the property becomes liable.

It is reasonable of the Council to ask where you are moving to, so they know you are not trying scam them into not paying CT. I think it's also reasonable to tell them who will be left in the property at the date you move out. Anything beyond that is down to them to try to find out.

You can't say who is moving in to replace you. You don't know!

If the Council continues to be awkward, e-mail your local councillors with copies to the Chief Exec and Director of Finance.

booksurr

Nick_C wrote: »

Council Tax liability is based on occupancy. Once you cease being an occupier, your liability ends. Where the property is empty, the owner of the property becomes liable.

not quite. where there is a fixed term tenancy the tenant remains liable until the end of the fixed term, whether they are in physical occupation or not

only where there is a SPT (or CPT) can the departing tenant then place liability back on the owner in accordance with the hierarchy of liability (and case law!)

hence this thread is focusing on whether the OP is in danger of rolling over to an SPT

G_M

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?

1) So your tenancy ends March 21st and you are liable till then

2) if your joint tenant signs a new tenancy agreement with the LL/agent (either in his sole name or jointly with someone else), then your liability will cease & he takes over liability.

3) if no new tenancy agreement is signed and you both move out, your liability will end

4) if no new tenancy agreement is signed but your joint tenant stays, a Statutory Periodic Tenancy will arise, in both your names, and you will remain liable (for rent etc). Your 'notice' in 2015 was meaningless since
a) it is not required to end a fixed term contract
b) if one or more of the joint tenants fail to leave, the SPT over-rides the 'notice'

G_M

Guest101 wrote: »

The OP will stop being liable for council tax, when he leaves.


The sole occupier (and legal tenant) will be a student, who is not liable for council tax.


This is different to tenants just leaving the property, as is usually the case.

Not where there is a fixed term tenancy. Council tax liability remains till the fixed term ends.

Guest101

booksurr wrote: »

not quite. where there is a fixed term tenancy the tenant remains liable until the end of the fixed term, whether they are in physical occupation or not

only where there is a SPT (or CPT) can the departing tenant then place liability back on the owner in accordance with the hierarchy of liability (and case law!)

hence this thread is focusing on whether the OP is in danger of rolling over to an SPT

But liability wont fall on the owner, there is a person in occupation, who is a legitimate tenant, and who's liability is governed by his status as a full time student.


(clearly there's much debate about this - which is good)

Guest101

G_M wrote: »

Not where there is a fixed term tenancy. Council tax liability remains till the fixed term ends.

I agree.


The council tax liability however lasts with the tenant (in this case joint tenants) - one of whom is exempt by virtue of being a student.


The council tax liability does not pass on to the LL, as the council tax is basically paid by the council for this period.


- it's two interesting views on this


- to put a spanner in the works, was discussing my local council yesterday, which has a huge student population (and thereby a huge number of properties where tax isn't being recovered - suggested that Student LLs should cover the cost of this on a single occupancy basis) - obviously that's just a topic for discussion and is not the reality at present.

booksurr

Guest101 wrote: »

But liability wont fall on the owner, there is a person in occupation, who is a legitimate tenant, and who's liability is governed by his status as a full time student.


(clearly there's much debate about this - which is good)

I was correcting the post I quoted, not directly addressing the OP's situation where a (previously) co-tenant will remain. You also made the same mistake of ignoring the fixed term in the context of the OP moving out in your post #22

hence my post closed with the comment that the focus needs to be on whether a SPT will be created which includes the OP

Guest101

booksurr wrote: »

I was correcting the post I quoted, not directly addressing the OP's situation where a (previously) co-tenant will remain. You also made the same mistake of ignoring the fixed term in the context of the OP moving out

hence my post closed with the comment that the focus needs to be on whether a SPT will be created

Perhaps it's getting muddled.


The tenancy is fixed term, so in the contract with the LL the tenant is liable for council tax for that period (and beyond). - no doubt about that.


If both people were students, the council tax would be zero - as the council would basically pay itself.


In this case the council tax is single person - as one is working, other is student.


Now the rules may vary from council to council, however I have been in the exact same situation as the OP. and when I moved out, whilst the tenancy was still active for 2 months (my housemate wanted to keep it and paid the rent - well off student) the council tax liability on me was dropped. (to clarify the LL was happy to surrender if we wanted)


I suppose the sensible thing to do is just speak to the council about it, it's probably getting muddled with talk of a replacement person.

G_M

Guest101 wrote: »

...... when I moved out, whilst the tenancy was still active for 2 months (my housemate wanted to keep it and paid the rent - well off student) the council tax liability on me was dropped. (to clarify the LL was happy to surrender if we wanted)

Yes, IF the joint tenants offered to surrender the tenancy early and the LL (or his agent) agreed, then the tenancy could end, say, tomorrow instead of March 21st. The OP's liability for CT (and rent etc) would therefore end.

A new tenancy could replace it in the name of the student housemate (with or without a 2nd tenant) but that is not the OP's business.

But until the tenancy is ended, liability remains.