Overlap of tenancies

DuffyA

It looks like I might have to have two tenancies - my current private rental and a new housing association property - for around four weeks, while I give notice in my old house.

Apart from the two rents (of which I'm assuming my UC housing element will only cover one) what other costs are there?

Slithery

Council tax and utilities are the first that spring to mind.

theartfullodger

You & your landlord are at liberty to agree an early surrender to end tenancy any time you like e.g. 11:45 am today.

Doesn't have to be 4 week overlap

LocoLoco

OP, check with your housing department, sometimes they will help when tenancies overlap like this - it varies but speak to them, they might be able to pay both rents. You'll probably also find that there will be some paperwork and checking that needs to be done before you actually sign your new tenancy so you can probably hand in your notice as soon as you know you're taking the property but not be liable for rent on the other one for a bit longer while they sort the paperwork out.

GibbsRule_No3.

If you can have access to both properties it will also make it a less stressful move. Not sure what happens with you, as one property is a Private rent and the other HA. The Private might not be a movable option regarding rent but the HA is more likely to be helpful as the property would be empty anyway, so they may have contingency in the HA budget. When I asked if it would be possible to pay rent on both (I was doing a downsize move though, from a council to HA property) the council said they would pay the HA rent while I paid their rent for a month, not sure what happened with the CT on the HA for that month and gas/electric started and stopped the day I moved in. The electric on the HA property was paid by the HA because they had work done while it was empty, so take readings when you leave and move in. I had the key to the HA property and had the carpet flooring put down while it was empty. When do you move, I believe you have not viewed inside yet?

G_M

If you have a fixed term tenancy, your costs at your current property will remain exactly the same until the date your tenancy ends.


If you have a periodic (rolling) tenancy, your costs at your current property will remain exactly the same until the date your tenancy ends except for Council Tax which ends when you vacate and return the keys.


As sugested above, you can agree an Early Surrender with the Landlord (though he does not have to agree) for any date at all. That will then become the tenancy end date and the two points above will apply till that date.

coffeehound

G_M wrote: »

If you have a periodic (rolling) tenancy, your costs at your current property will remain exactly the same until the date your tenancy ends except for Council Tax which ends when you vacate and return the keys.

That has not been my experience with overlapping tenancies G_M: the CT definitely only finished on the end date of the tenancy, not the vacation date.

One thing you can do is change your main residence to the new property as soon as possible, which can be an advantage if
a) you qualify for any discount such as the single resident 25% reduction, and
b) the new property has the higher CT charge.
since the discount/benefit may be only applicable to one bill.

G_M

coffeehound wrote: »

That has not been my experience with overlapping tenancies G_M: the CT definitely only finished on the end date of the tenancy, not the vacation date.

I make no comment on your experience, only on the law. However I'll amend my original statement:



"If you have astatutory periodic (rolling) tenancy, your costs at your current property will remain exactly the same until the date your tenancy ends except for Council Tax which ends when you vacate and return the keys."



(note: I used to believe the same as you till put right on this forum by CIS!)

coffeehound

G_M wrote: »

I make no comment on your experience, only on the law.


(note: I used to believe the same as you till put right on this forum by CIS!)

I don't doubt your knowledge of the law! Thing is, the council may demand to see a document to prove one has vacated -- they do not accept the tenant's word that they have moved out. So there may well be no document the tenant can produce to prove they have vacated, if it is before the termination date on the tenancy agreement.

G_M

coffeehound wrote: »

I don't doubt your knowledge of the law! Thing is, the council may demand to see a document to prove one has vacated -- they do not accept the tenant's word that they have moved out. So there may well be no document the tenant can produce to prove they have vacated, if it is before the termination date on the tenancy agreement.

Ah but that is a matter of proof, not of law.

If I drive at 80 miles per hour I am breaking the law. But I can only be convicted if the police or a camera/whatever catches me in the act!

Similarly, if a tenant leaves before a statutary periodic tenancy has ended, his CT liability ends, But the council can only pursue him for payment (assuming he as not paid) if they can prove he remained in occupation despite his claim to have left.

Note that if the periodoc tenancy is contractual (as opposed to statutory), it is deemed to be a continuation of the original fixed term, so the tenant remains liable for CT.

The law regarding Concil Tax liability was clarified by Leeds County Council and Broadley in 2016.

coffeehound

G_M wrote: »

Ah but that is a matter of proof, not of law.
...

Similarly, if a tenant leaves before a statutary periodic tenancy has ended, his CT liability ends, But the council can only pursue him for payment (assuming he as not paid) if they can prove he remained in occupation despite his claim to have left.

I see your point about proof vs. law. Strangely enough though I was pursued by that very council (Leeds City Council) for 6 weeks? after vacating a property about a year after that case law. And it probably would have gone on longer had I not quoted to them some choice words from CIS here