Landlord responsibility of bills

Mrhelpneeded

Hi there, I'm hoping someone can help.

I had a tenant in the middle of tenancy, that wanted to leave. We agreed early termination of tenancy of 3 months of which the tenant would pay rent and all bills for the next 3 months. A week later the tenant handing the key back but continued to pay the rent on time. 

Whilst doing this they removed their name from the utility and council tax bills. I only became aware of this after the council sent me a bill for the council tax. I spoke to the council that day, and they asked for the contract, which I emailed to them. A month later another bill council bill. I spoke to them again, they asked for statements to prove rent was being paid which I emailed them. This was in November last year, this week I have received another bill for unpaid council tax. 

From what I have researched the tenant is still liable for the bills, since they were still paying rent on the property and I only came responsable once the 3 months early termination had expired. Am I right in thinking this?

Thank you

user1977

Mrhelpneeded said:

From what I have researched the tenant is still liable for the bills, since they were still paying rent on the property and I only came responsable once the 3 months early termination had expired. Am I right in thinking this?

Can you clarify your research? If the tenancy has ended early then the tenant is no longer (as far as the council and utility companies are concerned) in residence or responsible for their accounts - you are (assuming the property is vacant).

If you think you had agreed with the tenant that they would reimburse you for those costs (in addition to the equivalent of the rent) then you'll need to pursue them separately.

AskAsk

the council has taken the easy route of billing the owner when the occupant has moved out and given them notice.

it is a legal matter that they are still liable for the council tax bills but only until a new occupant moves in, so if the new occupant moves in before the 3 months expire, then they would be liable for less than 3 months.  that is through the contract law and you will have to claim that from the tenant.  the council may not want to get involved as their ability to get council tax from someone once they have moved out becomes more difficult and costly so they will not want to do it.

i would pay the council tax and claim it back from the tenant.  or you could continue to stand your ground with the council and see if they will agree to change the bill back to the tenants until the 3 months had completed.

FlorayG

Do you mean that you both agreed to terminate the tenancy three months from the date they asked? And then the tenant was still the tenant and paid the rent until the end of those three months even though they had moved out? Then yes, the tenant is responsible for all the bills during that time because they effectively prevented you from renting it to anyone else (you can't claim the same rent from two parties on one property) and are still the tenant. I hope you have the three month agreement in writing

Mrhelpneeded

The tenant and I agreed to the 3 months notice to terminate the tenancy as long as they kept paying all bills associated with the property,  a week later they hand the key in but still continued to pay the rent for 3 months.

user1977

Still not completely clear - are you saying you agreed that the tenancy will end after a 3 month period expires? And not that it ended immediately they handed the keys back (but the tenant would cover your costs for the 3 months)?

If the former, why have they handed the keys back early?

FlorayG

Mrhelpneeded said:

The tenant and I agreed to the 3 months notice to terminate the tenancy as long as they kept paying all bills associated with the property,  a week later they hand the key in but still continued to pay the rent for 3 months.

They had 3 months notice? Then yes, they are tenants until notice period expires even if they don't live there now. The council is probably chasing you because they don't have a new address for the people actually responsible for the bills

Bookworm105

Mrhelpneeded said:

The tenant and I agreed to the 3 months notice to terminate the tenancy as long as they kept paying all bills associated with the property,  a week later they hand the key in but still continued to pay the rent for 3 months.

there is one bit of info you have not given, what stage is the tenancy at....

1. Are they actually inside the fixed term period but you are willing to let them go before it ends on the basis they have agreed to give you 3 months rent + "bills" in compensation?
or 
2. Has the fixed term expired but your tenancy agreement expressly allowed it to rollover as a contractual periodic tenancy? If so what notice period was stipulated? (3 months would be rather odd)
or
3. has the fixed term ended and the tenancy agreement was silent on what would happen then, so it is now a Statutory Periodic Tenancy 

outcomes
1. Liability for rent and bills remains with the tenant until expiry of the tenancy in accordance with the terms of its surrender (or until occupation by a new tenant if sooner)

2. CPT - tenant remains liable for bills and CT until the date agreed in the surrender even if no longer in residence (or until occupation by a new tenant if sooner)

3. SPT - liability for council tax reverts to the LL from the moment the tenant no longer lives there even if the tenant is still paying rent in accordance with a notice period 

Shelter Legal England - Liability for council tax - Shelter England

as others have said, if you have written agreement that includes "all" bills for 3 months then following through on that is a contract law matter between you and the tenant and you would need to sue them privately for unpaid monies.

Mrhelpneeded

The Tennant was was in a 12 month contract, they had renewed for another 12 months but requested early termination within 3 months of renewing. Before they had paid all the bills associated with the property with no issue.

FlorayG

Mrhelpneeded said:

The Tennant was was in a 12 month contract, they had renewed for another 12 months but requested early termination within 3 months of renewing. Before they had paid all the bills associated with the property with no issue.

Then they are still tenants until the 3 months agreed notice expires and should pay the bills. DO you have a current address for them?

Mrhelpneeded

Sorry I missed a part out it was a 12 month AST contract. The tenant had requested to terminate the tenancy due to them having a family matter in their own country. They have the right to terminate with 3 months notice.