Landlord withholding deposit

Miss_Samantha

HappyMJ wrote: »

So...the council needs informing by either the tenant or landlord that the tenancy has been surrendered.

No, the point is that the landlord may become liable for council tax during the tenancy.

If that happens he has to pay it himself then have the tenant reimburse him, or deduct from the deposit.
Therefore, a landlord should not return the whole deposit before the issue of who was liable for CT on each and every day of the tenancy has been clarified (tenant may move early, etc.)

Once the deposit has been returned, good luck chasing the tenant.

HappyMJ

Miss_Samantha wrote: »

No, the point is that the landlord may become liable for council tax during the tenancy.

If that happens he has to pay it himself then have the tenant reimburse him, or deduct from the deposit.
Therefore, a landlord should not return the whole deposit before the issue of who was liable for CT on each and every day of the tenancy has been clarified (tenant may move early, etc.)

Once the deposit has been returned, good luck chasing the tenant.

Sorry for not understanding this but...I'm a landlord myself and I'm not really understanding this and I don't wish to become liable for the council tax at any point "during" the tenancy whilst my tenant is in occupation of the property.

If the tenant moves out suddenly without notice (they may have had an job offer in a different part of country and had to move immediately) and surrenders the tenancy by handing the keys back to me I become liable for the council tax I understand that even if the tenant hasn't handed in the correct notice (which I'll claim from the tenant) but whilst the keys and possession of the property is still with the tenant whether they are living in the property or not they are liable for the council tax. I'll inform the council when I become liable and a new account is set up and bills sent to me. It's usually only about £10-£20 as the void will be so short but there is a liability. If the tenant doesn't pay his part of the bill I'm quite sure the council won't come chasing me for the money....unless of course I'm mistaken.

elmer

Gosh that sounds like a lot of work for Council tax staff , tenants and landlords, I never need to decide who was liable on each and every day of the tenancy, we just end each account amicably by discussing it with all parties, but as I say I work in Scotland, its may be much more complicated in England!!

elmer

ashleypride

Miss_Samantha wrote: »

I did not say that a landlord could be liable for a tenant's debt.

Agreed.

Miss_Samantha wrote: »

No, the point is that the landlord may become liable for council tax during the tenancy.

If a tenant moves in on day x, moves out of day y. No early surrender etc, not a HMO, the move in/out days consistent with tenancy agreement.
In what circumstances can a landlord become liable for council tax between x and y?

The only potential circumstance that I can think of, is if the tenant has their own home or rents another, so the rented house could be potentially not to be their main residence. Is this what you mean?

If not, can you give an example please? Your replies so far are somewhat evasive and vague.

colman12

Quick update - i have started a single claims process.

The letting agent is hassling me for the final bills. I continue to tell them that 1) i don't have to provide them 2) there is no liability on the letting agent, they have our forwarding address and can pass the bill on if received.

The LA is now going to ring up the providers to try and find out about the account herself. I told her because of DPA she won't be able to discuss the account. She said she would try and find out if there was an open account against the property. Not sure they would even give her that info.

Guest101

colman12 wrote: »

Quick update - i have started a single claims process.

The letting agent is hassling me for the final bills. I continue to tell them that 1) i don't have to provide them 2) there is no liability on the letting agent, they have our forwarding address and can pass the bill on if received.

The LA is now going to ring up the providers to try and find out about the account herself. I told her because of DPA she won't be able to discuss the account. She said she would try and find out if there was an open account against the property. Not sure they would even give her that info.

Just carry on as you have.


You are perfectly entitled to have unsettled debts, it's not relevant at all.


The LA sounds like an idiot.

colman12

Maybe final update. The LA has said they will return the deposit today.

However, I guess because I held out and refused to give them any info on the bills, they have put in their email "we are aware you haven't paid any utility bills"

this is a bluff, as they have no access to any of the information on the account.

Thoughts?

Thanks for all the advice, you are all superstars!

Guest101

colman12 wrote: »

Maybe final update. The LA has said they will return the deposit today.

However, I guess because I held out and refused to give them any info on the bills, they have put in their email "we are aware you haven't paid any utility bills"

this is a bluff, as they have no access to any of the information on the account.

Thoughts?

Thanks for all the advice, you are all superstars!

Dear LA,


It's none of your business whether utilities have been paid or not. However for avoidance of doubt, should you make such statement to anyone else, I shall have to seriously consider legal action.


Ensure my deposit reaches my account by 5pm today.


Regards

Pixie5740

Celifein wrote: »

Just ignore it. Don't rise to the bait.

I agree with this course of action. The plum doesn't deserve a reply.

colman12

Ha, yeah, I didn't acknowledge it. Just cancelling the claim so they can process the payment of the deposit,

Thanks for all the help!