Is she being diddled by her landlord?

prudryden

I find the council tax question very interesting. I expect the council is going to want their money from someone. I would think that the LL would show the council the tenancy agreement (IF THERE IS ONE) and the council will still pursue the tenant.

Some will argue that an empty and unfurnished flat doesn't have to pay council tax for 6 months. This is true, but technically, the tenant is still resident there, just not living there (something like an extended vacation perhaps)

Bungarm2001

The council tax rules seem to vary with each council. Some will chase the tenant, others the LL and some don't seem to care much one way or the other...for a while.

One council that some of my properties come under is so slack..they sent me a bill for 50% of 2 months when one property was between tenants and this period was way back in 2000. They sent the bill in 2003 if I remember correctly.

Another council were on to it before the poor tenant had even barely left the building with her stuff. The letter was waiting for her on the mat at her new place with a demand. Mostly, if we have a void period of any length, we pay nothing for up to 6 months providing the property is completely empty of all furniture.

Again, each council differs from others. Some will check it's empty, some never bother.

inmypocketnottheirs

madmalteaser wrote: »

I'd appreciate it if you didn't make assumptions about me - I have only come on here for some advice to hopefully help out a friend. Yes, she handed in her notice early and she was always prepared for the possibility of paying rent until September. We weren't sure about the situation with council tax and utilities and, as a previous private tenant myself, I had never heard of being expected to pay advertising costs which is why I was querying this.

I have never been the kind of person to "rant and rave" on a public forum as I'm sure my previous posts will show. Thank you for your advice but your assumptions about me personally are not welcome.

Well, as a LL I would prefer that you did not make assumptions about us either.

Unfortunately, your friend is very likely liable, and possibly not being diddled by the LL. More likely that because she now has a better option than living alone, she has made a rash decision to quit the property and would prefer not to fulfil her financial obligations.

That is how your post has come across, and it is something the LL see regularly. Tenants want everything in their favour (which largely they have due to tenancy law) and wish to paint LL as ogres. We have the right to protect our investments, and to receive the recompense that the tenant signed for.

Just because you haven't been asked to pay advertising costs doesn't mean it is not general practice. I have this clause in my agreements, and in 15 years of being a LL I have only had to exercise it once. I fully expect my tenants to keep their side of the agreement, as I keep mine.

If you are going to post in the tone of your original post, under the title that you have, then you will get a response along the lines of mine.

RHemmings

I believe that legally, the landlord is required to ameliorate his/her losses. I.e. that s/he is required to look for a new tenant, and the OP should only be liable for bills/rent up to the time when a new tenant is found. Since the landlord is asking for advertising costs, it looks like they will be actively looking for a new tenant.

Also, what about the possibility of assigning the tenancy. I'm not up on the law about this, but I believe that tenants do have rights concerning assigning the tenancy to someone else. The OP could advertise (say, local paper) for a new tenant for the property. Can anyone give a firm legal view on this?

Edit: Look at this post: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/131860-how-get-joint-tenancy.html#post1387217

It seems that unless assigning the tenancy is specifically allowed in the agreement, that the OP won't have the right to do so. (I am not a lawyer and this is not legal advice). But if the OP can come up with a suitable substitute tenant that the landlord finds acceptable, that might be the best solution.

tbs624

Sorry guys but some are running ahead of themselves here - I absolutely don't condone either a T or a LL trying to sidestep their legal obligations, but the OP has not given enough facts for proper suggestions to be made. (Squatnow - post 10 - has already highlighted this)

The OP has said that the original contract was for 3 years, then mentions a year's agreement & an expiry in Sept but doesn't seem to know whether a new agreement was in fact signed. If a new agreement *had* been signed there may even be a break clause...........

tbs624

RHemmings wrote: »

I believe that legally, the landlord is required to ameliorate his/her losses.

Fairly recent legal case (albeit for a commercial tenancy) may suggest otherwise.

RHemmings wrote: »

Also, what about the possibility of assigning the tenancy. I'm not up on the law about this, but I believe that tenants do have rights concerning assigning the tenancy to someone else

Many ASTs will have a standard clause about not subletting or assigning the tenancy.

OP- if your friend needs to get the agreement checked out, she can take it to the CAB or to a Tenancy Relations Officer at the local Council (private sector team) for advice. Basically, when you sign up to a contract you have to be prepared to abide by the terms or pay the costs involved in not doing so.

benb76

My local council charge 50% for an unnocupied property (providing it's habitable), I had assumed that this was standard?

As for the original question, it would depend on when her last assured shorthold tenancy agreement expired (or is due to expire), as this would automatically turn into a periodic tenancy. This means that the landlord still has to give 2 months notice and the tenant 1 month notice (both before the rent day).

madmalteaser

tbs624 wrote: »

OP- if your friend needs to get the agreement checked out, she can take it to the CAB or to a Tenancy Relations Officer at the local Council (private sector team) for advice. Basically, when you sign up to a contract you have to be prepared to abide by the terms or pay the costs involved in not doing so.

Thank you, this is the kind of advice I was looking for. I will recommend to her that she gets herself to the CAB and gets some further advice from them.

To others: this was not a rash decision on my friend's part, nor is she trying to get out of what she owes. She is just trying to confirm whether what she is being told is correct or not.

I have nothing against LL's and never have. My previous LL was extremely good to me, as it happens.

I honestly thought this would be a good place to come and get some advice but it seems there appears to have been a "tone" in my original post (completely unintentional and I never realised it was there!).

It's a shame but I'll think twice before coming here for advice again...

JoJil

madmalteaser wrote: »

I honestly thought this would be a good place to come and get some advice but it seems there appears to have been a "tone" in my original post (completely unintentional and I never realised it was there!).

It's a shame but I'll think twice before coming here for advice again...

I don't think there was a tone in your posts. I posted a thread once and had the nice posters helping me. I don't think I would want to ask for help again though now that I have seen how some other posters reply.

sooz

benb76 wrote: »

My local council charge 50% for an unnocupied property (providing it's habitable), I had assumed that this was standard?

Mine charge 90%. It's cheaper to say there is still 1 person in and get a 25% discount!!