Council Tax - Who's Liable

Ameee007

It has come to light that my ex tenant gave a false vacating date to my local council who therefore awarded him the 'void' month's free to my unfurnished and unoccupied property - I have challenged this with the council concerned who did ask me for evidence. I had a hand written, dated letter 09.10.17 giving a month's notice to quit which would actually be 09.11.17. My ex tenant gave the date of 09.10.17 to the council, of which he was awarded the void month.
This is justly unfair, I have evidence of text messages asking for a time to hand keys over etc on 09.11.17, coupled with his notice letter, also tenant paid a month's rent into my bank account on 09.10.11. Once he had told me he had vacated on 09.11.17, I telephoned the council immediately to update them on change of circumstances regarding my property.
The council are still adamant I need to pay this month's council tax. How come they didn't ask the tenant for evidence that he was vacating on the date he gave ? Why did the council not ask for confirmation from me regarding this ? Ex tenant claimed my property was unfurnished and empty which certainly was not the case. Is it worth progressing this to a tribunal case for the sake of £90 ? I did enter my property on tenants permission just prior to him vacating on 09.11.17 and he did still have furniture in there. I have no photos to prove this. Im fighting a losing battle.

marliepanda

You have no proof he didnot vacate. What more is there to say?

Paying rent means nothing. Tenancy dates mean nothing. Keys mean nothing. Handwritten letters of notice mean nothing. It is purely to do with the furniture and him living there, and you have t provided any evidence of that. The tenancy is not in question, hence why he has the unoccupied period. They accept his liability but have given him an exemption.

You have no proof so I doubt a tribunal would help at all. Its harder to prove a negative. You may say he had some furniture but how much? Its ~substantially unfurnished~ which has no set status.

CIS

Ameee007 wrote: »

It has come to light that my ex tenant gave a false vacating date to my local council who therefore awarded him the 'void' month's free to my unfurnished and unoccupied property - I have challenged this with the council concerned who did ask me for evidence. I had a hand written, dated letter 09.10.17 giving a month's notice to quit which would actually be 09.11.17. My ex tenant gave the date of 09.10.17 to the council, of which he was awarded the void month.
This is justly unfair, I have evidence of text messages asking for a time to hand keys over etc on 09.11.17, coupled with his notice letter, also tenant paid a month's rent into my bank account on 09.10.11. Once he had told me he had vacated on 09.11.17, I telephoned the council immediately to update them on change of circumstances regarding my property.
The council are still adamant I need to pay this month's council tax. How come they didn't ask the tenant for evidence that he was vacating on the date he gave ? Why did the council not ask for confirmation from me regarding this ? Ex tenant claimed my property was unfurnished and empty which certainly was not the case. Is it worth progressing this to a tribunal case for the sake of £90 ? I did enter my property on tenants permission just prior to him vacating on 09.11.17 and he did still have furniture in there. I have no photos to prove this. Im fighting a losing battle.

Assuming England or Wales;


You need to separate out any rental liability from any council tax liability.

It is quite feasible under council tax legislation for a rental liability to exist where a council tax liability does not (and vice versa). Even if you can show that the tenancy wasn't surrendered on 9 Oct 17 then you still need to look at the issues raised in Leeds v Broadley as the tenant seems to have been no longer resident for council tax purposes at the property and therefore may not actually be liable for the charge (which leaves you liable) - https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiuiLugxsTcAhVUQMAKHX3SBloQFjAAegQIABAB&url=https%3A%2F%2Flgfa92.co.uk%2Fliability-tenants-vacation-court-appeal-hearing%2F&usg=AOvVaw3ZPl_zqYjyvdITOAtuvMM6

Before you could use a tribunal there is a process that needs to be undertaken.

Tiffyb

Hi unfortunuately unless you can prove it was furnished in this period it will stay as it is. Unfortunately the tenant got there before you.

The council will only ask the person challenging it for proof.

Husband is council tax admin.

sevenhills

Ameee007 wrote: »

The council are still adamant I need to pay this month's council tax.

Do you have an address for your ex-tenant? He may be on a council tax bill within the same authority, or local authorities do talk to each other if he is on a council tax form in another local authority.
His payments for council tax need to be continuous, unless he has been homeless.

marliepanda

sevenhills wrote: »

Do you have an address for your ex-tenant? He may be on a council tax bill within the same authority, or local authorities do talk to each other if he is on a council tax form in another local authority.
His payments for council tax need to be continuous, unless he has been homeless.

Or moving into his parents, or moving in with others as a resident.

Many other reasons why he wouldn’t be paying or liable, but still resident in a property.

lincroft1710

sevenhills wrote: »

His payments for council tax need to be continuous, unless he has been homeless.

But a person can be liable for CT on more than one dwelling simultaneously

FBaby

Yes it's unfair and it happened to be too. This is the reason why LLs are slow to return deposit, because after that, all you can do is take them to court, which clearly is not worth financially. Next time, you'll do many of us, you'll take your time to return the deposit -since you can get away with it- until the council and utility companies confirm nothing is owed by the LL.

AdrianC

Pay the month.


If you think you've got evidence that he should have paid it, then get a claim going to get the money back from the ex-tenant.

marliepanda

FBaby wrote: »

Yes it's unfair and it happened to be too. This is the reason why LLs are slow to return deposit, because after that, all you can do is take them to court, which clearly is not worth financially. Next time, you'll do many of us, you'll take your time to return the deposit -since you can get away with it- until the council and utility companies confirm nothing is owed by the LL.

Utility bills and council tax have nothing to do with the landlord.

Typical landlord attitude though! Screwing over their tenant for a bill which is not their business.

CIS

As I've said before - in over a decade I have seen many cases of landlords 'withholding a deposit' but not once have I seen them pay any monies to the council.

The current deposit schemes will not refuse return of deposits based on 'unpaid council tax' so that aspect is removed from the landlord's control.