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Are they allowed this?

Teehan
Posts: 5 Forumite

Hello, basically I am a tenant and due to a problem, I have had to leave the property for good, I have moved back to my parents home, problem is, the council are saying you are still liable to pay council tax even though the property is unoccupied and unfurnished, there is only one sofa and bed in there with a washer and a table with chairs and a small mini fridge. They said until someone else takes it, you still have to pay £337 pound every 3 months, me and the Mrs don't live here anymore. I'm really struggling to pay this, but they said not our problem mate.
Also the electricity provider n power said the same thing, I said I'm not living there no electric is ever going to be used, they said you have to keep paying 48.00 pound a month.
Shall I just cancel direct debit with n power if they don't budge and change my tarrif? With the council it's tricky I don't want to black listed but I read somewhere you don't have to pay council tax for 6 months atleast.
Can someone advise me please? Thank you.
Also the electricity provider n power said the same thing, I said I'm not living there no electric is ever going to be used, they said you have to keep paying 48.00 pound a month.
Shall I just cancel direct debit with n power if they don't budge and change my tarrif? With the council it's tricky I don't want to black listed but I read somewhere you don't have to pay council tax for 6 months atleast.
Can someone advise me please? Thank you.
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Dont think you would be liable for council tax if you dont own property and dont live there and can give them proof from landlord. You just have to do the same wth npower as long as you have proof.1
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If you signed a contract with a fixed term/without a break clause and left mid-term/without proper notice, then you are liable for all contractual costs - which may or may not include the council tax.Teehan said:Hello, basically I am a tenant and due to a problem, I have had to leave the property for good, I have moved back to my parents home, problem is, the council are saying you are still liable to pay council tax even though the property is unoccupied and unfurnished, there is only one sofa and bed in there with a washer and a table with chairs and a small mini fridge. They said until someone else takes it, you still have to pay £337 pound every 3 months, me and the Mrs don't live here anymore. I'm really struggling to pay this, but they said not our problem mate.
Also the electricity provider n power said the same thing, I said I'm not living there no electric is ever going to be used, they said you have to keep paying 48.00 pound a month.
Shall I just cancel direct debit with n power if they don't budge and change my tarrif? With the council it's tricky I don't want to black listed but I read somewhere you don't have to pay council tax for 6 months atleast.
Can someone advise me please? Thank you.
A sofa, bed, washer, table, chairs, and fridge - of any size - isn't unfurnished... it's actually more furnished than my first flat when I was a student!
The same thing for your utility suppliers - if you signed a contract for a 'deal' but the rate was based on a minimum term/usage/monthly payment then you're liable until the end of that contract or for the contractual penalties for breach of contract.
We can't tell you if that's the case in these specific examples, or if you have any options to mitigate your costs because we can't see your contracts...
You could share details of what you agreed to/copy the exact wording from your contracts - alternatively, perhaps a visit to citizen's advice? If so - remember to bring copies of your contracts or they will be equally limited in their ability to advise!Tooskint said:Dont think you would be liable for council tax if you dont own property and dont live there and can give them proof from landlord. You just have to do the same wth npower as long as you have proof.
If the contract hasn't 'ended' the tenant can still be liable for the council tax due. Given the suggestion liability is until the property is re-rented, I think it's reasonable to assume the OP left mid term without utilising a break-clause/without proper notice.
If the property is not unfurnished or otherwise eligible for a 0% rate, then that means paying or being taken to court... councils, in general, don't mess around.That sounds like a classic case of premature extrapolation.
House Bought July 2020 - 19 years 0 months remaining on term
Next Step: Bathroom renovation booked for January 2021
Goal: Keep the bigger picture in mind...3 -
Not sure about the council tax but I would think, if you can prove you have moved out, you cannot be held liable for it on a property you no longer occupy tenancy agreements/other commitments notwithstanding; I am no expert.
As far as energy goes, if you are on a fixed tariff, you are liable for those charges unless you switch to a different supplier and pay the exit charges: Pointless if you have moved in with family and no longer require energy accounts in your own name. You may be able to negotiate with your supplier, I don't know. If you are not on a fixed tariff, you can tell your supplier you left on such and such a date and wish to terminate the agreement to supply the property you no longer occupy. I would insist they respond in writing. I suppose you do realise most energy tariffs have a standing charge which is payable whether you use energy or not, whether you are there or not? I recommend you check your tariff charges to find out.
Just cancelling the DD is a very bad idea as it can affect your credit record. I strongly recommend you resolve this with your energy provider before doing so: Ideally, they should be the ones to terminate the agreement in writing so you have proof you are no longer liable; this is what happened when I switched provider last year. HTH.1 -
The trouble is, it is furnished. It might not seem a lot to you, but that's almost more furniture than I'd usually have in my house when living in it. Their rules are black/white. Furniture = pay. No furniture = don't.
Why can't you remove it, sell it, freecycle it?
As for electricity.... you're paying them, but if you're not using it then you'd be able to get it back. You need to have another conversation with them to get them to reduce the monthly payment to something smaller... assuming you've got no debt on the account.1 -
you’ll be liable for the council tax until your tenancy has been properly finished.We’re you in a fixed term or periodic tenancy? What notice did you give the landlord before moving out?0
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I took out a contract for 12 months as that was the only contract I could take out, sadly I had a split up and only lasted one month in there, the letting agent said until someone else takes it we won't be able to stop the payments and the suppliers said the same thing. Basically I am living at home while I am still paying for the bills, it is tough, but I guess that's the game right? Nothing else I can do.0
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PasturesNew said:The trouble is, it is furnished. It might not seem a lot to you, but that's almost more furniture than I'd usually have in my house when living in it. Their rules are black/white. Furniture = pay. No furniture = don't.
Why can't you remove it, sell it, freecycle it?
As for electricity.... you're paying them, but if you're not using it then you'd be able to get it back. You need to have another conversation with them to get them to reduce the monthly payment to something smaller... assuming you've got no debt on the account.1 -
Teehan said:PasturesNew said:The trouble is, it is furnished. It might not seem a lot to you, but that's almost more furniture than I'd usually have in my house when living in it. Their rules are black/white. Furniture = pay. No furniture = don't.
Why can't you remove it, sell it, freecycle it?
As for electricity.... you're paying them, but if you're not using it then you'd be able to get it back. You need to have another conversation with them to get them to reduce the monthly payment to something smaller... assuming you've got no debt on the account.
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unfortunately you’ve learnt the hard way, you signed a 12 month contract and moved out after a month. The contract protected both sides, in the same way the landlord couldn’t have kicked you out rendering you homeless after only a month, you can’t just decide to leave with no consequences. Was it a joint tenancy?You are responsible not only the council tax and the utilities but also for the rent. Although the LL should mitigate for this by trying to find a new tenant you could be responsible for their unexpected advertising costs
how did you negotiate the early surrender of the tenancy?3 -
Norman_Castle said:Teehan said:PasturesNew said:The trouble is, it is furnished. It might not seem a lot to you, but that's almost more furniture than I'd usually have in my house when living in it. Their rules are black/white. Furniture = pay. No furniture = don't.
Why can't you remove it, sell it, freecycle it?
As for electricity.... you're paying them, but if you're not using it then you'd be able to get it back. You need to have another conversation with them to get them to reduce the monthly payment to something smaller... assuming you've got no debt on the account.0
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