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Council tax after renting
Comments
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On what basis? If you're the tenant of two properties then generally speaking you'll be liable for both (unless you can claim relief for one being unoccupied and unfurnished).
When the tenancy comes to an end, the liability for Council Tax will revert to the landlord until a new tenant is found.Tenant - a person who occupies land or property rented from a landlord.
Can a person "occupy" two properties?
When I had my lodger, the main factor in me not losing my 25% discount was that her main residence was in another area, that she paid council tax in.0 -
That is a different issuesevenhills wrote: »When the tenancy comes to an end, the liability for Council Tax will revert to the landlord until a new tenant is found.
Indeed. But see my post 2 above. Simply moving out, even if intoa new tenancy and paying council tax there as well, does not necessarily 'end' the first tenancy.
It is perfectly possible to have 2 tenancies, just as it's possible to own 2 houses. Council tax is still due.
Hence the importance of getting written confirmation from a landlord if a tenancy is surrenedered and ended early.
Can a person "occupy" two properties? Yes. Only one can be the 'main residence' but many people have 2 homes.
When I had my lodger, the main factor in me not losing my 25% discount was that her main residence was in another area, that she paid council tax in.0 -
Letting them keep the deposit as you left early does not mean you continued being the occupant. Explain the agreement of how you left and provide any evidence including rent payments and utility bills at the new property and final bills at the previous one and change of address details from banks or insurers etc.I agreed to let the landlord keep the whole deposit as I left early.0 -
You said in the first post that the L kept your entire deposit.
No, I got my full deposit back
CT Liability does not rest on access or having the keys. It rests on whether or not the contract has terminated. It is not uncommon in a move for people to check out and leave prior to the end of the tenancy in which case liability continues to the end of the contract.
I understand that but when the landlords specifically wanted the keys and the freedom to come in to work on the property and they have full use of the property they own, they can pay the tax on it that freedom.
Council can get heavy quite quickly so you need to be 100% sure you can prove end of contract before taking them on.
I had an email saying that they refunded our entire deposit and thanking us for handing the keys in early. I had to stand my ground and propose questions to ask my landlord because they weren't going to admit anything that would cost them money. I just wasn't going to sit back and pay a tax where my landlord was the one benefiting.0 -
your knowledge and understanding is superficial and therefore misleadingsevenhills wrote: »When the tenancy comes to an end, the liability for Council Tax will revert to the landlord until a new tenant is found.
Can a person "occupy" two properties?
When I had my lodger, the main factor in me not losing my 25% discount was that her main residence was in another area, that she paid council tax in.0 -
Yes, but we're talking about a situation where the tenancy hasn't yet ended.sevenhills wrote: »When the tenancy comes to an end, the liability for Council Tax will revert to the landlord until a new tenant is found.
Yes. If you're the tenant of two properties, who do you think is responsible for the council tax?Can a person "occupy" two properties?0 -
A person can be liable at a dozen properties if they fall so within council tax legislation , there is no limit where the correct criteria are met.
A person can only have one 'sole or main residence' but that primarily only directly affects discounts.
Having a tenancy where a person is not resident may or may not make them liable, it depends on the exact situation ( see Leeds v broadley).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.0 -
If it can be shown the tenancy surrender has been accepted then the liability will not exist as his 'sole or main' residence is elsewhere. If it went to a valuation tribunal they'll look at the overall situation and whether, on the balance of probabilities, the landlord's action amounted to acceptance of surrender.
If the tenancy is still live the OP may well still not be liable but it requires an argument using Leeds v Broadley. So far councils seem to have been ok, in the last year I've only had to representa client once for this sort of case and the council accepted the argument on dispute.
Leeds v Broadley needs the initial argument that a person isn't resident in the property as a precursor to the argument (which doesn't seem like an issue).
As soon as council tax liability ends you cease being liable for the payments.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.0 -
Yes, but we're talking about a situation where the tenancy hasn't yet ended.
That would depend on the definition of the word "tenancy".
Googles dictionary says 'possession of land or property as a tenant'.
I don't know the council definition, but the OP "cannot access the property".0 -
stop diggingsevenhills wrote: »That would depend on the definition of the word "tenancy".
Googles dictionary says 'possession of land or property as a tenant'.
I don't know the council definition, but the OP "cannot access the property".
You do not know what you are talking about and seem unwilling to learn from the posts above which do tell you what is the correct legal position.0
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