Tenant ignoring all contact from Letting Agent

Pixie5740

You might find G_M's guide to Tenancies in England/Wales for Landlords and Tenants useful.

DoctorMessi

Where an assured shorthold tenancy continues as a statutory periodic tenancy the landlord becomes liable for council tax for any period that the property becomes no one’s main residence until the tenancy ends. This is irrespective of whether the tenant has to give a notice period, or indeed handed the keys back.
From Cuncil tax website of Shropshire.

Am I reading that wrong?

Bluebirdman_of_Alcathays

DoctorMessi wrote: »

Where an assured shorthold tenancy continues as a statutory periodic tenancy the landlord becomes liable for council tax for any period that the property becomes no one’s main residence until the tenancy ends. This is irrespective of whether the tenant has to give a notice period, or indeed handed the keys back.
From Cuncil tax website of Shropshire.

Am I reading that wrong?

Yes - because, quite obviously, it is your tenants main residence. She lives there!!

Guest101

DoctorMessi wrote: »

Where an assured shorthold tenancy continues as a statutory periodic tenancy the landlord becomes liable for council tax for any period that the property becomes no one’s main residence until the tenancy ends. This is irrespective of whether the tenant has to give a notice period, or indeed handed the keys back.
From Cuncil tax website of Shropshire.

Am I reading that wrong?

But that's only if the tenant leaves with no notice, you then simply deduct that from her deposit.

Pixie5740

DoctorMessi wrote: »

Where an assured shorthold tenancy continues as a statutory periodic tenancy the landlord becomes liable for council tax for any period that the property becomes no one’s main residence until the tenancy ends. This is irrespective of whether the tenant has to give a notice period, or indeed handed the keys back.
From Cuncil tax website of Shropshire.

Am I reading that wrong?

Yes, I think you are reading it wrong. It says the "period that the property becomes no one's main residence," but whilst the tenant is living there it is her main residence...isn't it.

mrginge

DoctorMessi wrote: »

Thanks for the responses, in a periodic tenancy who is responsible for paying council tax? I have read on googlel its the landlord, is that true?

You also have to pay for the tenant to have a two week jolly in magaluf.
And that my friend is a FACT.

DoctorMessi

Council Tax law states that on a periodic tenancy an occupier may only be held liable for the Council Tax charge until they change their main residence. In this case, we have been notified that her main residence changed on 2 September 2013, so we can only legally charge her for Council Tax until then as her ‘material interest’ in the property is no longer active.

While I appreciate she would have had rental liability until her notice expired, Council Tax can only be charged where there is a ‘material interest’ and this is defined as having ownership of the property or being bound by a minimum of a 6 month tenancy.

With regard to Oyston vs Leeds City Council , this was a tribunal decision in 2011 which went against Leeds City Council. Leeds City Council thought that the tribunal was wrong in law, but we didn’t appeal because we thought it was a one off rogue decision. Tribunal decisions are not binding on other tribunals and so the Oyston case did not set precedent.

Since then, the High Court has clarified the position in the QBD case MacAttram vs LBC 2012. High Court decisions are binding, and this case confirmed that tenants on periodic tenancies do not have a material interest, unless the rent is payable every 6 months or more (very rare, as rent is usually paid monthly).

Unless the MacAttram case is overturned by a Court of Appeal decision in the future, this will remain the position in English law.


Another source, apologies I cant post links, am I right in saying that a tenancy which is under 6 months, the landlord is liable for council tax, periodic tenancy is under 6 months.

fairy_lights

DoctorMessi wrote: »

Council Tax law states that on a periodic tenancy an occupier may only be held liable for the Council Tax charge until they change their main residence.

Your tenant will be responsible for the council tax for as long as it is her main residence i.e. she lives there. If she suddenly moves out and runs away with the circus, responsibility reverts to you.

Pixie5740

Yes another source which you haven't read properly.

Is this the only reason you want another fixed term contract? How much do the letting agency want to charge you and the tenant for this date change and Ctrl+P ?

Guest101

DoctorMessi wrote: »

Council Tax law states that on a periodic tenancy an occupier may only be held liable for the Council Tax charge until they change their main residence. In this case, we have been notified that her main residence changed on 2 September 2013, so we can only legally charge her for Council Tax until then as her ‘material interest’ in the property is no longer active.

While I appreciate she would have had rental liability until her notice expired, Council Tax can only be charged where there is a ‘material interest’ and this is defined as having ownership of the property or being bound by a minimum of a 6 month tenancy.

With regard to Oyston vs Leeds City Council , this was a tribunal decision in 2011 which went against Leeds City Council. Leeds City Council thought that the tribunal was wrong in law, but we didn’t appeal because we thought it was a one off rogue decision. Tribunal decisions are not binding on other tribunals and so the Oyston case did not set precedent.

Since then, the High Court has clarified the position in the QBD case MacAttram vs LBC 2012. High Court decisions are binding, and this case confirmed that tenants on periodic tenancies do not have a material interest, unless the rent is payable every 6 months or more (very rare, as rent is usually paid monthly).

Unless the MacAttram case is overturned by a Court of Appeal decision in the future, this will remain the position in English law.


Another source, apologies I cant post links, am I right in saying that a tenancy which is under 6 months, the landlord is liable for council tax, periodic tenancy is under 6 months.

ONLY if the tenant leaves