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Overlap of tenancies
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I should be viewing very early in the new year, then they apparently want me to confirm, pay first rent and take keys on the same day. It's a full rental period notice in my current letting agreement, which runs from the 5th of the month, although I am breaking the lease early anyway so I'm hoping my landlord will be ok to let me out before the year is up. He's really nice and understanding though, so I'm pretty confident. I have a friend interested in renting my current house as soon as I move out too, so hopefully that helps the landlord out a bit.
Worst case scenario is I have to pay double rent and council tax until they get new tenants in my current place, which I presume is easier for them if I move out soonish. Should I contact the council and find out the situation and throw myself at their mercy? Which council, old house or new? (They are adjacent areas, my jobcentre is in the new council area if that helps?). I currently only pay minimal council tax due to single adult and low income discounts.
I'm still not 100% on moving, mostly because of all the moving costs and faff.0 -
and being accepted for the new tenancy!I should be viewing very early in the new year, then they apparently want me to confirm, pay first rent and take keys on the same day.
but naturally you will negoiate a delayed start date for your new tenancy......
It's a full [STRIKE]rental[/STRIKE]tenancy? period notice in my current letting agreement, which runs from the 5th of the month,
so a monthly periodic tenancy from 5th to 4th each month?
Statutory or contractual? (see link below)
although I am breaking the lease early anyway
makes no sense. Are you in a fixed term (ie not periodic)? If so,
* start date?
* end date?
* any Break Clause?
so I'm hoping my landlord will be ok to let me out before the year is up. He's really nice and understanding though, so I'm pretty confident.
OK.In that case you can agree any date you both want to end the tenancy via an 'Early Surrender'. Make sure it is agreed in writin.
I have a friend interested in renting my current house as soon as I move out too, so hopefully that helps the landlord out a bit. It may do.
Worst case scenario is I have to pay double rent and council tax until they get new tenants in my current place, which I presume is easier for them if I move out soonish.
Hmmm. I'm increasingly coming to believe you are in a fixed term.
In that case there is no notice period!
Should I contact the council and find out the situation and throw myself at their mercy?
No. Certainly not till you know your plans.
And certainly not till you know your rights.
You don't 'find out' or ask - you find out and then tell them.
Which council, old house or new? (They are adjacent areas, my jobcentre is in the new council area if that helps?). I currently only pay minimal council tax due to single adult and low income discounts.
When your current tenancy ends (or you move out if you are on a Statutory Periodic Tenancy), you tell them you are no longer the council tax payer.
When your new tenancy starts, you tell them you are now the council tax payer.
I'm still not 100% on moving, mostly because of all the moving costs and faff.
* 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?
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coffeehound wrote: »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

I have dealt with cases since Broadley where Leeds have tried to ignore the legislation and I had point it out to them - in the same way as you had to. Some council's don't learn quickly.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 -
Call your old council as soon as you have moved and advise your moving date (not your end of tenancy date) plus give them your new address. In my first case, I moved from one council area to another and they accepted that I was now liable for council tax elsewhere and should not need to pay both. The second time I went from paying tax solo, into an HMO where I was not the one liable to pay it, again from one council to another, and there was no council tax charged on my old place from the moment I moved (five weeks before end of tenancy agreement). It seems that they both applied the law correctly?
The latter one mentioned that they arrange some three-month grace period for a home without any resident in and charge neither the tenant nor the owner. I don't know if that's a legal requirement or just their policy.0
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