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FTB - Where do you pay during property overlap?

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SuboJvR wrote: »
    Could you elaborate on this please?

    We are currently on a periodic tenancy, I had assumed we would be liable for council tax until the last day of the rental period which would be the last day of the periodic tenancy.

    That's a (very) common belief but it's not straight forward (nothing ever is in council tax legislation). There was a Court of Appeal case recently (Leeds City Council v Broadley) regarding the very matter which is worth looking at.

    If you're on a periodic monthly tenancy the Council Tax liability ceases when the property ceases to be your 'sole or main residence' regardless of whether or not you still have a rental liability.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • SuboJvR
    SuboJvR Posts: 481 Forumite
    Fifth Anniversary 100 Posts Combo Breaker
    Thank you both, that's really interesting.

    In practice, I think it will be easier just to pay for those extra days if the council requires it, as the landlord will no doubt try and pursue it through our deposit in any case!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SuboJvR wrote: »
    Thank you both, that's really interesting.

    In practice, I think it will be easier just to pay for those extra days if the council requires it, as the landlord will no doubt try and pursue it through our deposit in any case!

    Depends on how many days and what the terms of the contract are as to whether it's worth paying and whether the landlord can claim it back from you.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    SuboJvR wrote: »
    Yes I said that. However the utility company may wish to know that the property is vacant for X days.

    Do you normally phone your utility companies and tell them when you'll be on holiday ?
  • SuboJvR
    SuboJvR Posts: 481 Forumite
    Fifth Anniversary 100 Posts Combo Breaker
    No but the phone company doesn’t set up direct debits based on assumed energy usage.

    Although from the sound of it the OP has a PAYG meter for starters.

    Honestly this place can be so antagonistic sometimes, it’s not like I suggested anything harmful. :cool:
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    SuboJvR wrote: »
    No but the phone company doesn’t set up direct debits based on assumed energy usage.

    Although from the sound of it the OP has a PAYG meter for starters.

    Honestly this place can be so antagonistic sometimes, it’s not like I suggested anything harmful. :cool:

    10 days out of a year isnt going to make any difference to their assumed energy useage which they will take from what the average for that sort of house is.

    And I didnt mean to be antagonistic, but just making a clear point about the logic of offering that info. It will not alter the initial direct debit size which will not be based on how many days they expect to be in the house unless they are leaving it empty for months.
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