Council tax - moved out. Pay twice?

bopsybunny

We recently bought our first house (21st December). We have moved to a different council area. Our tenancy on the old house technically ends on 21st January (didn't want to give notice until exchange, just in case something went wrong!) but we moved out on 22nd December, and handed the keys back to the lettings agent on 5th January.

The letting agent has found new tenants who want to move in ASAP. They will likely move in before the end of our tenancy period, and if this happens we will get a refund on a portion of our rent.

I informed the council of the rented property that we were moving out on 21st Jan. I've just seen that I've been charged my normal council tax. I queried this and they have said that I've paid until 19th January, and a final bill will be sent to my new address (for the 2 days..!) Apparently you're liable for council tax until the end of your tenancy agreement, regardless of whether you still live there or not.

If the new tenants move in early, am I paying council tax on their behalf? Will the council charge them and they get the money twice? Will my tenancy technically end when the new tenants move in, meaning I can apply for a partial refund?

Any ideas much appreciated!

davidmcn

Yes, there shouldn't be two parties paying council tax for the same days - so if the new tenancy starts early then that should become the start date for the new tenants, and your council tax ends on the previous day.

CIS

I informed the council of the rented property that we were moving out on 21st Jan. I've just seen that I've been charged my normal council tax. I queried this and they have said that I've paid until 19th January, and a final bill will be sent to my new address (for the 2 days..!) Apparently you're liable for council tax until the end of your tenancy agreement, regardless of whether you still live there or not.

It depends on the exact situation and type of tenancy.

If the new tenants move in early, am I paying council tax on their behalf? Will the council charge them and they get the money twice? Will my tenancy technically end when the new tenants move in, meaning I can apply for a partial refund?

Once new residents move in, and you're not resident, then you won't be held liable for the period and the charge will pass to them. The council will have to adjust their records and refund any difference.

danlewi2

Agreed with CIS - you are liable to the end of your tenancy unless new occupants move in and take over the liability.

sevenhills

CIS wrote: »

It depends on the exact situation and type of tenancy.

You may be able to get a discount if you have a second home or an empty property - it’s up to your council to decide.

ThePants999

To be precise - you are liable for the duration of your tenancy, full stop. However, your tenancy can end earlier than the tenancy agreement says, if you and your landlord mutually agree. And you moving out and handing the keys back, and the landlord moving in new tenants, constitutes mutual agreement, so in the absence of clear communication setting out the exact date on which your tenancy ends, it'll be considered to end when the new tenants move in (and theirs starts).

While it's not relevant to you, it might be worth highlighting for the benefit of others: had you agreed with your landlord that the tenancy would end on (for example) the 15th Jan, and you moved out on or before that date, but the landlord didn't immediately move new tenants in - you would cease to be liable for council tax as of that date anyway. The landlord would be liable for council tax for the period after the end of your tenancy and before the start of the next one.

CIS

To be precise - you are liable for the duration of your tenancy, full stop

For the purposes of council tax he remains liable for the duration of the tenancy whilst resident in the property. He may remain liable for any period whilst still holding a tenancy and not resident in the property but it's not a given, it depends on the specific circumstances..

Puflet

You'd be liable for rent up until the end of your tenancy, and council tax for as long as you were resident at the property. If you moved out before the end of your tenancy, the landlord would be liable for the council tax until someone else moved in there.

At least, that's how it worked when I rented out a property!

CIS

the landlord would be liable for the council tax until someone else moved in there.

At least, that's how it worked when I rented out a property!

It depends on the type of tenancy at the point of vacation.

bopsybunny

Thanks everyone for your replies!

We were on a 12 month assured shorthold tenancy, after which we then automatically switched to a monthly periodic tenancy.

Hopefully the new tenants will move in nice and quick, and I'll get a little money back.

CIS

bopsybunny wrote: »

Thanks everyone for your replies!

We were on a 12 month assured shorthold tenancy, after which we then automatically switched to a monthly periodic tenancy.

Hopefully the new tenants will move in nice and quick, and I'll get a little money back.

In which case you ceased being liable for council tax the moment you ceased being resident - not unusual for councils not spot this though.