Landlord not registered flats as separate, creating difficulties regarding council tax & bills

SN2021

turnitround said:

Just out of interest have you spoken to the other people in the next flat? How long have they been there?

Not yet but I will do soon about the meter.

There have definitely been people renting both properties for a number of years so the council tax hasn't been an issue for them but I don't want that risk. It also means the landlord might have quite a long backlog of missed tax. 

RAS

SN2021 said:

turnitround said:

Just out of interest have you spoken to the other people in the next flat? How long have they been there?

Not yet but I will do soon about the meter.

There have definitely been people renting both properties for a number of years so the council tax hasn't been an issue for them but I don't want that risk. It also means the landlord might have quite a long backlog of missed tax. 

The problem is that the tenants have been paying the LL "Council Tax." Presumably, he's been paying Council Tax for one property.

If the Council find out, they'll bill the existing and previous tenants for the tax they didn't pay to the Council. It won't be the LL's problem. Although dealing with the furious ex-tenants might become one.

Ideally, once your LL realises that you understand the risk, he'll prefer to let you go than risk you speaking to the Council.

SN2021

I'd just like to say thank you to eveyone who replied yesterday, you have been really helpful. 

A quick update: The landlord has provisionally agreed to end the tenancy early (I have not yet sent the formal letter to trigger everything, having a meeting with estate agents tomorrow morning) and the estate agents seem eager to get someone else in as soon as possible. They say I would be charged rent until the day new tenants move in. I am aware of the Tenants Fees Act 2019 and was wondering if this is acceptable within this and what other charges are acceptable. 

I have other people saying I should try and make sure I am not charged beyond a certain date i.e. when I move out, is this possible? And others are saying the original tenancy agreement should be null and void, any opinions on this?

MaryNB

SN2021 said:

I'd just like to say thank you to eveyone who replied yesterday, you have been really helpful. 

A quick update: The landlord has provisionally agreed to end the tenancy early (I have not yet sent the formal letter to trigger everything, having a meeting with estate agents tomorrow morning) and the estate agents seem eager to get someone else in as soon as possible. They say I would be charged rent until the day new tenants move in. I am aware of the Tenants Fees Act 2019 and was wondering if this is acceptable within this and what other charges are acceptable. 

I have other people saying I should try and make sure I am not charged beyond a certain date i.e. when I move out, is this possible? And others are saying the original tenancy agreement should be null and void, any opinions on this?

The rent due until the new tenants move in has nothing to do with the Tenant Fees Act. The landlord is agreeing to let you end the tenancy early on their terms. It sounds like they'll only allow you to end your tenancy when they have a move in date for new tenants. At the moment they are under no obligation to end the tenancy early so it will be difficult for you to argue against this. The alternatives are attempting to unwind the tenancy (no idea how feasible that will be), waiting until your 12 months is up, or trying to negotiate an early surrender with the landlord on more favourable terms (which they currently are under no obligation to grant).

If the landlord agrees to end the tenancy on a certain date they cannot charge you rent and bills beyond that date. It doesn't sound like they'll do this though. Sounds like they'll just wait until the find new tenants to confirm a date.

CIS

SN2021 said:

I have other people saying I should try and make sure I am not charged beyond a certain date i.e. when I move out, is this possible? And others are saying the original tenancy agreement should be null and void, any opinions on this?

The original tenancy is still valid, the other issues don't invalidate it. It is surprisingly difficult to get out of a tenancy.

In simplified terms. Assuming you signed an agreement for a period of 6 months or more than you would remain liable for the council tax charge until either the end of the fixed term, the point when the tenancy was formally ended or someone else took the tenancy - whichever is the earliest.

Marvel1

Once gone and no rent paid etc, report anyway.

canaldumidi

The terms for an Early Surrender are whatever you and the landlord agree.

Currently you want to leave, and the LL does not want to lose rent, hence he has proposd the terms you describe.

If, however, it were the LL who was keen for you to go, then you'd be in a better position to reject his terms and propose something more to your advantage eg a fixed date.

So, given the scenario you have described in this thread, how can you make the LL glad to see the back of you...........?

SN2021

MaryNB said:

SN2021 said:

I'd just like to say thank you to eveyone who replied yesterday, you have been really helpful. 

A quick update: The landlord has provisionally agreed to end the tenancy early (I have not yet sent the formal letter to trigger everything, having a meeting with estate agents tomorrow morning) and the estate agents seem eager to get someone else in as soon as possible. They say I would be charged rent until the day new tenants move in. I am aware of the Tenants Fees Act 2019 and was wondering if this is acceptable within this and what other charges are acceptable. 

I have other people saying I should try and make sure I am not charged beyond a certain date i.e. when I move out, is this possible? And others are saying the original tenancy agreement should be null and void, any opinions on this?

The rent due until the new tenants move in has nothing to do with the Tenant Fees Act. The landlord is agreeing to let you end the tenancy early on their terms. It sounds like they'll only allow you to end your tenancy when they have a move in date for new tenants. At the moment they are under no obligation to end the tenancy early so it will be difficult for you to argue against this. The alternatives are attempting to unwind the tenancy (no idea how feasible that will be), waiting until your 12 months is up, or trying to negotiate an early surrender with the landlord on more favourable terms (which they currently are under no obligation to grant).

If the landlord agrees to end the tenancy on a certain date they cannot charge you rent and bills beyond that date. It doesn't sound like they'll do this though. Sounds like they'll just wait until the find new tenants to confirm a date.

Okay thank you for this, sounds like I might just have to believe they'll get new tenants in quickly.