Liability for council tax after early termination.

mfranklanduk

Hi all,


My partner and I have recently moved to a new property but I have a question regarding our old property and council tax liability.


We were in a 12 month contract with the Landlord via a letting company. We found a perfect new home to move into and had to move quickly so we asked the landlord if we could end out tenancy agreement 4 months early.
We had already found new tenants to move in to the property for him (Friends of ours) and he agreed to early termination after the new tenants had passed all their relevant checks, etc.


This all went through fine and we moved out and handed the keys back on the 15th Sept and the new tenants took possession of the property 16 days later.


The landlord to say the least has been a joke. We cleaned the house top to bottom but he insisted it needed a professional cleaner which we paid for. Then he wanted the trees/bushes/etc. in the garden cut to a certain height and sent pictures as to exactly how he wanted them. Again not a problem we went back and did this.
So he wouldn't release our bond until all this was done which it has been.


Now he has come back and said that we need to pay the council tax for the 16 days that the property was vacant!


Are we liable for this after the landlord agreed for early tenancy termination and the fact we found new tenants for the property?


The letting agents and the new tenants are both saying that this is getting beyond a joke now and he is doing everything possible to not give the bond back when we left the house in the exact some and very good condition that we left it.


Any help or advice would be most appreciated.


Matt.

00ec25

so what did you agree in writing regarding the terms of your surrender?

your legal liability depends on what you have in writing to confirm the exact date your tenancy ended because that is when your liability ends assuming you were NOT in a periodic tenancy?

was the property furnished or unfurnished? Have you checked on that council's website whether they give a discount for a furnished but empty property?

Comms69

mfranklanduk wrote: »

Hi all,


My partner and I have recently moved to a new property but I have a question regarding our old property and council tax liability.


We were in a 12 month contract with the Landlord via a letting company. We found a perfect new home to move into and had to move quickly so we asked the landlord if we could end out tenancy agreement 4 months early.
We had already found new tenants to move in to the property for him (Friends of ours) and he agreed to early termination after the new tenants had passed all their relevant checks, etc.


This all went through fine and we moved out and handed the keys back on the 15th Sept and the new tenants took possession of the property 16 days later.


The landlord to say the least has been a joke. We cleaned the house top to bottom but he insisted it needed a professional cleaner which we paid for. Then he wanted the trees/bushes/etc. in the garden cut to a certain height and sent pictures as to exactly how he wanted them. Again not a problem we went back and did this.
So he wouldn't release our bond until all this was done which it has been.


Now he has come back and said that we need to pay the council tax for the 16 days that the property was vacant!


Are we liable for this after the landlord agreed for early tenancy termination and the fact we found new tenants for the property?


The letting agents and the new tenants are both saying that this is getting beyond a joke now and he is doing everything possible to not give the bond back when we left the house in the exact some and very good condition that we left it.


Any help or advice would be most appreciated.


Matt.

Just clam it back from the relevant scheme surely?

Lokolo

Without knowing every bit of detail, you are still liable up until the end of your tenancy. Now although you moved out, that doesn't mean your tenancy has ended.

The new occupiers tenancy started 1st/2nd October presumably.

If this is the case then I am in agreement with the landlord in that you are responsible up until that point (unless you have written confirmation that your tenancy ended early on X date).

csgohan4

just pay what you are liable for and chalk this up to experience

mfranklanduk

Hi all,


Thanks for your advice.


We have written confirmation from the Landlord that the tenancy agreement ended on the 15th September when we moved out of the property. and the new tenants started their agreement 16 days later when they moved in.


The house was unfurnished so I assume we would be able to receive a discount from the council for the house being empty for the duration of the 16 days. We also have our final council tax bill up to the moving out date which has all been paid.


It isn't a major problem we will obviously pay the remaining if needs be but I just wanted the position clarified more than anything.

Comms69

mfranklanduk wrote: »

Hi all,


Thanks for your advice.


We have written confirmation from the Landlord that the tenancy agreement ended on the 15th September when we moved out of the property. and the new tenants started their agreement 16 days later when they moved in.


The house was unfurnished so I assume we would be able to receive a discount from the council for the house being empty for the duration of the 16 days. We also have our final council tax bill up to the moving out date which has all been paid.


It isn't a major problem we will obviously pay the remaining if needs be but I just wanted the position clarified more than anything.

The position is - start the single claim process, there'll just be another thing to pay for in a week's time.

Stubod

I had the same problem with a tenant who was on a 12 month contract but left "early". Although we managed to re-rent the property fairly quickly the "old" tenant was still liable for the rent and the council tax up to the date the new tenant started.

mfranklanduk

That's great thank you. I will be able to get this paid now I know that's the case.

Comms69

mfranklanduk wrote: »

That's great thank you. I will be able to get this paid now I know that's the case.

Unfortunately anecdotal experiences have no relevance in your case.


it COULD be the same, but it COULD be different. What do you have in writing?

CIS

mfranklanduk wrote: »

Hi all,


My partner and I have recently moved to a new property but I have a question regarding our old property and council tax liability.


We were in a 12 month contract with the Landlord via a letting company. We found a perfect new home to move into and had to move quickly so we asked the landlord if we could end out tenancy agreement 4 months early.
We had already found new tenants to move in to the property for him (Friends of ours) and he agreed to early termination after the new tenants had passed all their relevant checks, etc.


This all went through fine and we moved out and handed the keys back on the 15th Sept and the new tenants took possession of the property 16 days later.


The landlord to say the least has been a joke. We cleaned the house top to bottom but he insisted it needed a professional cleaner which we paid for. Then he wanted the trees/bushes/etc. in the garden cut to a certain height and sent pictures as to exactly how he wanted them. Again not a problem we went back and did this.
So he wouldn't release our bond until all this was done which it has been.


Now he has come back and said that we need to pay the council tax for the 16 days that the property was vacant!


Are we liable for this after the landlord agreed for early tenancy termination and the fact we found new tenants for the property?


The letting agents and the new tenants are both saying that this is getting beyond a joke now and he is doing everything possible to not give the bond back when we left the house in the exact some and very good condition that we left it.


Any help or advice would be most appreciated.


Matt.

As you had an agreement for a minimum period of 6 months or more you are liable for the council tax charge after you vacate, up to the end of the tenancy.

The end of tenancy date is the relevant issue in question - It has always been a point which has elicited arguments right through to the valuation tribunal stage. If you have written confirmation of the actual end date of the tenancy then you cannot be liable past that point as you no longer have the council tax liability.