Are they allowed this?

Teehan

gary83 said:

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?

They said we don't usually do this, but you are liable until we find someone else to rent it, so far only 3 viewings I don't even know if they have turned up, God knows if it ever will go.

gary83

was the tenancy in your name only or was it a joint tenancy with you and the ex? 

notrouble

You signed a 12 month contract. You are liable for 12 months unless the tenancy is ended early. For this to happen,you will need the landlord's agreement, ideally in writing, and better still via a Deed of Surrender.

If that does not happen, you must continue to pay

* the rent (unless the landlord agrees otherwise)

* the utility bills (even if no gas/electric being used there may be a monthly standing charge)

* the council tax

until the 12 months is up and the tenancy ends.

KatrinaWaves

Many councils don’t offer any discount, furnished or not. The furniture is a red herring. It doesn’t matter what is in it.

The OP has a tenancy and therefore the right to live in it if they chose for 12 months. They are liable for the council tax at full rate. If one of them moved in they could claim single person 25% reduction. I need to reread but if the landlord is making them finish paying the rent it may be a good idea to do that. 

NewShadow

KatrinaWaves said:

Many councils don’t offer any discount, furnished or not. The furniture is a red herring. It doesn’t matter what is in it.

Yes - many of them removed the unfurnished and second home exemptions/discounts in around 2014/15, but some still do so it's worth asking. 

If you moved in with a partner and then separated - now the flat is empty, would you be better off moving back in and claiming any applicable benefits to pay the bills?

Alternatively - if you can introduce a suitable tenant by doing some advertising/word of mouth, you may be able to speed up the process of re-letting.  

It would help if you confirmed the nature of your tenancy agreement - did you and your ex-partner both sign as joint tenants? If so, it could be that you're only liable for half the costs, with your ex-partner liable for their share. 

Unfortunately that wouldn't be the case for the utilities as it's the person named on the contract that's liable. 

Either way - you're probably best talking to them with a view that, you're liable and you're breaking your contract, but it would be very nice of them if they could suggest any options to help you minimise your costs... more flies with honey and all that  

CIS

The council tax issue comes down to s6(2)(f) of the LGFA 1992. Under s6(2)(f) the 'owner' is liable for the council tax charge on an unoccupied property.

In this case the 'owner' is the person who has the relevant council tax interest in the property. A tenancy which was granted for a period of 6 months or more is a sufficient relevant interest to make the tenant the 'owner' for council tax purposes. On this basis they then fall liable under s6(2)(f) whilst they hold the relevant tenancy and the property is unoccupied.

Once the fixed period ends and moves to a periodic tenancy then the tenant would cease to be the 'owner' for the purposes of s6(2)(f) and would not be liable for the council tax on an unoccupied property.

In respect of the Class C exemption (in England) it is not the case that some councils got rid of it, they all did as it was abolished by the government. It was replaced by the Class C discount. Every council has to offer this discount but it can be set at a 0% rate.

Mickygg

As mentioned above utility bills usually have a fixed element as well as usage. All my electricity, gas, water and broadband have fixed cost elements even if I stopped using them all. With the leccy provider that sounds to me like they are insisting still on the dd but a bulk should be credited. Most standing charges are about 30p a day so if you don’t use any leccy I would expect a credit that you will need to apply for once meter readings are taken on your final agreed tenancy date whatever this may turn out to be. 

Your costs being limited are all down to when the council gets a new tenant or agrees a surrender date with you. Until then all costs will need to be down to you.