Liability for council tax

Sterlingtimes

If a tenant has a minimum term rental but leaves before term without the agreement of the landlord, does the liability for paying council tax revert to the landlord or does it remain with the tenant? I appreciate that after term, the landlord will be liable.  

impuzzled

If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.

Sterlingtimes

impuzzled said:

If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.

Thank you, for your quick response. That seems to make sense. So the tenant could remain liable for the payment of rental to the landlord, but the landlord would become liable for the council tax.

greatcrested

impuzzled said:

Even If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.the tenant remains liable for CT until the end of the Tenancy Term.

Corrected that for you.

lincroft1710

The only time a tenant would not be liable if they vacated before the end of their tenancy, would be if another person occupied the dwelling before the tenancy ended.

Sterlingtimes

greatcrested said:

impuzzled said:

Even If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.the tenant remains liable for CT until the end of the Tenancy Term.

Corrected that for you.

Thank you, that is the opposite to the original answer provided to me. It does seem to me that the tenant has a slice of the beneficial ownership of the property for the term of the lease and ought to be liable for council tax the duration of the short term tenancy.  

dimbo61

Did the tenant register for council tax ?
Did you as the Landlord/Owner of the property inform them that someone had moved in ?
Is the Council Tax demand in your name or the occupier ?

oldbikebloke

Sterlingtimes said:

greatcrested said:

impuzzled said:

Even If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.the tenant remains liable for CT until the end of the Tenancy Term.

Corrected that for you.

Thank you, that is the opposite to the original answer provided to me. It does seem to me that the tenant has a slice of the beneficial ownership of the property for the term of the lease and ought to be liable for council tax the duration of the short term tenancy.  

LOL. It is "opposite" because the first answer was fundamentally wrong.
You are correct re "beneficial ownership" as the underlying principle, although the courts use the term "material interest".

Informing the council "I moved out" will achieve nothing except mislead the council for as long as it takes the LL to show the council that the tenant remains liable. At which point the council will chase the tenant because the tenancy is ongoing, as no mutually accepted surrender had taken place to end the tenancy (prematurely).
The test case was Leeds v Broadley 
http://lgfa92.co.uk/liability-tenants-vacation-court-appeal-hearing/
 

diggingdude

impuzzled said:

If the tenant informs the council they have left the property, then the landlord picks the bill up from the day of leaving.

School is not on clearly

Sterlingtimes

oldbikebloke said:

Informing the council "I moved out" will achieve nothing except mislead the council for as long as it takes the LL to show the council that the tenant remains liable. At which point the council will chase the tenant because the tenancy is ongoing, as no mutually accepted surrender had taken place to end the tenancy (prematurely).
The test case was Leeds v Broadley 
http://lgfa92.co.uk/liability-tenants-vacation-court-appeal-hearing/
 

Thank you for your posting together with the authority. This is very clear and provides guidance that I can follow. Leeds council does contact me from time to time requesting tenant details and I ask the agent to deal with this. 

Sterlingtimes

dimbo61 said:

Did the tenant register for council tax ?
Did you as the Landlord/Owner of the property inform them that someone had moved in ?
Is the Council Tax demand in your name or the occupier ?

Thank you. I have quite a rapid turnover of tenants and never paid council tax. Leeds Council does ask a few questions sometimes, particularly when a tenant goes overseas without paying the tax. I think that my agent has all of this in hand.