Gradual move in - Council tax?

G_M

Crumble2018 wrote: »

We were on 12 month contacts, but it became periodic in July when we didn’t renew. Reading that link above, it seems we need to pay until the 23rd December.

Sigh!

[STRIKE]You may remain liable for CT at your current address till the fixed term ends.[/STRIKE]

Or till you vacate depending if a Statutory or Contractual periodic tenancy.

Did you move to a CPT or a SPT?


If you don't know, see
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?


Or read the link I provided earlier.

Crumble2018

Honestly, why do people have to be rude? There’s really no need for sarcasm and the “sigh” comments. If I had any clue about this stuff I wouldn’t be asking would I? Happy to admit I’m clueless.
I have no idea if it’s contractual or statutory- I have a feeling the agent said statutory, but we were never given any new paperwork. I will need to look at the original tenancy documents.

G_M

Crumble2018 wrote: »

Honestly, why do people have to be rude? There’s really no need for sarcasm and the “sigh” comments. If I had any clue about this stuff I wouldn’t be asking would I? Happy to admit I’m clueless.
I have no idea if it’s contractual or statutory- I have a feeling the agent said statutory, but we were never given any new paperwork. I will need to look at the original tenancy documents.

We (I) accept that you, like many posters here, are or may be 'clueless'.

And I for one respond on that assumption. So I
* ask additional relevant questions that will help me give you the correct advice, and
* refer you to source material you can read, to upgrade your level of 'clue' from 'less' to 'more'.

But it is frustrating when the questions are not answered and the source material not used. It clearly explains what CPT and SPT are.

CIS

kinger101 wrote: »

What GM said. The polices tend to vary from council to council. It's easiest to just write a letter to the council laying out all the facts (including when you will move out and when the tenancy ends). If their rules mean you don't have to pay for the few days you don't live there, they'll amend the bill accordingly. If you do, it's your liability until the end of the tenancy.

Policy regarding liability cannot change, it's a statutory process without local discretion. The only discretion the council have is what rate of discount they apply.

CIS

In straightforward terms - if it's a periodic tenancy (typically monthly) then it effectively forms a series of 1 month rolling tenancies and you do not meet the 'material interest' test needed to make you liable for council tax if you are not resident.


If it's a contractual tenancy then it's regarded as a single continuous tenancy and (except in unusual circumstances) you would remain liable, even when not resident, until the end of the tenancy.

The situation has been well settled and the interpretation of legislation confirmed in Leeds v Broadley.

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nyermen

For what its worth OP, I've just moved house from Surrey (Woking Borough Council) to Hampshire (Rushmoor).
Both used the concept of "unfurnished house" - with woking allowing a (1 month max I think) 100% exemption once unfurnished (and therefore not lived in). Rushmoor were the same, not charging for the first couple of weeks until I had "moved furniture in".

GDB2222

G_M wrote: »

We (I) accept that you, like many posters here, are or may be 'clueless'.

And I for one respond on that assumption. So I
* ask additional relevant questions that will help me give you the correct advice, and
* refer you to source material you can read, to upgrade your level of 'clue' from 'less' to 'more'.

But it is frustrating when the questions are not answered and the source material not used. It clearly explains what CPT and SPT are.

Whilst you’re entirely correct, and you even gave a decent reference to explain what the issue is, I wonder if the OP can adopt a simpler approach?

All he needs to do is tell the council that he vacated on 10 December. They will then bill the landlord, and there’s a good chance that the landlord will simply pay up. He only needs to check his lease if the landlord objects.

CIS

They will then bill the landlord, and there’s a good chance that the landlord will simply pay up

It is rare for landlords to not dispute the end date, they rarely miss that (nearly 2 decades of dealing with landlords disputing similar day in and day out isn't particularity fun)

Crumble2018

Thanks for the replies. I'm not disputing whether I should pay or not - just trying to establish the process. Anyway, our council offers an online form to complete, so I will explain everything on there. If we are going to be paying it for the full term, we won't be hurrying to move out now!!

Crumble2018

OK - one more (probably dumb) question re contractual and statutory periodic. Our fixed term ended in July. We received an e-mail from the agent to say that the landlord wanted a 2 month notice period going forward, but he'd advised her that would be a contractual periodic and come with a fee, and she would most likely accept a statutory periodic instead. We never heard anything else, so I presume we are indeed on Statutory? We would have had to sign something for contractual, yes???