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    • BradZ
    • By BradZ 4th Jan 18, 11:18 AM
    • 18Posts
    • 1Thanks
    BradZ
    Council Tax - Renting and owning overlap
    • #1
    • 4th Jan 18, 11:18 AM
    Council Tax - Renting and owning overlap 4th Jan 18 at 11:18 AM
    Me and my partner currently rent and have just exchanged contracts on a property we are buying, We are due to complete on the 19th of January and we have our flat until the 9th of Febuary. We will be moving things from the flat to the house (both properites are covered by different councils) as soon as we get the keys on the 19th, more then likely we will be living there from the 19th. We will then use the few weeks left on the flat tenancy to clean the flat etc. I pay our current council tax monthly by DD on the 3rd of the month. Me and my partner are both listed on it. Will we be able to both be named on both for the short period it overlaps? Ive also just looked online and when moving it asks for things like end of tenancy, date moved out and date furniture is moved out, does this mean the price will increase or decrease if we move out before the end of tenancy? i dont want to pay more then we are. Worst case i can take my partner off of it and put him on the new one.

    I hope this makes some sort of sense!

    Thanks
Page 1
    • G_M
    • By G_M 4th Jan 18, 11:37 AM
    • 44,463 Posts
    • 52,798 Thanks
    G_M
    • #2
    • 4th Jan 18, 11:37 AM
    • #2
    • 4th Jan 18, 11:37 AM
    You will be responsible for the rented property's council tax till the tenancy ends. If you are not living there and the property is empty, you may be entitled to an Empty Property discount. Check with your council as policies vary.

    You will be responsible for the new property's council tax from the date you Complete. If you remain in the rented property and the new one is empty, you may be entitled to an Empty Property discount. Check with your council as policies vary.

    But you must inform both councils of tthe relevant dates (tenency end and Completion of your purchase. If there is an overlap you will be liable on both.
    • CIS
    • By CIS 4th Jan 18, 11:58 AM
    • 10,527 Posts
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    CIS
    • #3
    • 4th Jan 18, 11:58 AM
    • #3
    • 4th Jan 18, 11:58 AM
    Whether or not you are liable under s6 of the LGFA92 for the council tax on the property you are vacating early (between the date of vacation and the end of the tenancy) depends on the terms of the tenancy agreement. In most cases you would remain liable for the council tax charge on the property which you have vacated early but it's not always a given that it will be the case.

    If you vacate early and you remain liable for the council tax charge then the property would be given whatever the reduction is in your area for an unoccupied and unfurnished property - for many local authorities the reduction has now been reduced to 0%.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • BradZ
    • By BradZ 4th Jan 18, 12:24 PM
    • 18 Posts
    • 1 Thanks
    BradZ
    • #4
    • 4th Jan 18, 12:24 PM
    • #4
    • 4th Jan 18, 12:24 PM
    Great - thank you for the response, we will be letting both councils know. We didnt know about the empty property discount so thanks for that, ill look into
    • CIS
    • By CIS 4th Jan 18, 12:37 PM
    • 10,527 Posts
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    CIS
    • #5
    • 4th Jan 18, 12:37 PM
    • #5
    • 4th Jan 18, 12:37 PM
    Great - thank you for the response, we will be letting both councils know. We didnt know about the empty property discount so thanks for that, ill look into
    Originally posted by BradZ
    Assuming you do vacate before the end of your tenancy agreement. Until the actual end of your tenancy agreement...

    If you are still within the fixed period of the contract then you would remain liable for the council tax charge until the end of that fixed period.

    Where the fixed term has ended you will then cease being liable for the council tax charge unless the tenancy continued from the fixed term under a contractual term.

    A common error is to assume a liability for rent and a liability for council tax are one and the same - they aren't as it should be remembered that council tax liability is governed specifically by council tax legislation.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • agrinnall
    • By agrinnall 4th Jan 18, 1:48 PM
    • 20,343 Posts
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    agrinnall
    • #6
    • 4th Jan 18, 1:48 PM
    • #6
    • 4th Jan 18, 1:48 PM

    If you vacate early and you remain liable for the council tax charge then the property would be given whatever the reduction is in your area for an unoccupied and unfurnished property - for many local authorities the reduction has now been reduced to 0%.
    Originally posted by CIS
    Is the tenant allowed to apply for that reduction, or only the property owner? And how unfurnished does it need to be? Most rental properties will include some items, such as white goods, even if they are let as unfurnished.
    • CIS
    • By CIS 4th Jan 18, 3:08 PM
    • 10,527 Posts
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    CIS
    • #7
    • 4th Jan 18, 3:08 PM
    • #7
    • 4th Jan 18, 3:08 PM
    Is the tenant allowed to apply for that reduction, or only the property owner? And how unfurnished does it need to be? Most rental properties will include some items, such as white goods, even if they are let as unfurnished.
    Originally posted by agrinnall
    If the tenant is liable for a period where there is no resident then they can apply. The wording of the regulations is 'Substantially unfurnished'. This is not defined in legislation but in the general interpretation for council tax appeals etc is that fixed white goods are not taken to be furniture for the purposes. The general rule of thumb is that 'furnished' would be enough furniture to make the property liveable at a basic level - so a few chairs would not be but a bed and settees probably would be.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • Dave f
    • By Dave f 4th Jan 18, 4:56 PM
    • 217 Posts
    • 179 Thanks
    Dave f
    • #8
    • 4th Jan 18, 4:56 PM
    • #8
    • 4th Jan 18, 4:56 PM
    You live in the flat for the overlap and hubby lives in the house for the overlap. Apply for 25% single person discount on both until you move in together. It is money saving site after all. !!!55357;!!!56833;
    • theartfullodger
    • By theartfullodger 4th Jan 18, 4:57 PM
    • 9,592 Posts
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    theartfullodger
    • #9
    • 4th Jan 18, 4:57 PM
    • #9
    • 4th Jan 18, 4:57 PM
    You live in the flat for the overlap and hubby lives in the house for the overlap. Apply for 25% single person discount on both until you move in together. It is money saving site after all. !!!65533;!!!65533;
    Originally posted by Dave f
    Sounds like fraud to me: I could of course be wrong...
    • Dave f
    • By Dave f 4th Jan 18, 5:02 PM
    • 217 Posts
    • 179 Thanks
    Dave f
    Of course you could be. You don!!!8217;t know the living arrangements of the original poster. Me neither. Or the council. Just a suggestion for practical arrangement temporary. Cheapest option at an expensive time for op.
    • CIS
    • By CIS 4th Jan 18, 6:59 PM
    • 10,527 Posts
    • 6,082 Thanks
    CIS
    Sounds like fraud to me: I could of course be wrong...
    Originally posted by theartfullodger
    In this case it can be quite permissible under the council tax system.

    If one person moves out and has no intention to return then the property ceases to be their 'sole or main residence'. This means that Person A could vacate, Person B would then remain with a 25% discount at the old property. Person B has never been resident (yet) in the new property so Person A is the sole resident on the new property and could claim a 25% discount.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • theartfullodger
    • By theartfullodger 4th Jan 18, 7:24 PM
    • 9,592 Posts
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    theartfullodger
    In this case it can be quite permissible under the council tax system.

    If one person moves out and has no intention to return then the property ceases to be their 'sole or main residence'. This means that Person A could vacate, Person B would then remain with a 25% discount at the old property. Person B has never been resident (yet) in the new property so Person A is the sole resident on the new property and could claim a 25% discount.
    Originally posted by CIS
    Of course: Yet the OP stated
    Me and my partner currently rent and have just exchanged contracts on a property we are buying, ......
    Originally posted by BradZ
    Do any of us seriously believe these two are going to live separately?

    Best regards to all..
    • CIS
    • By CIS 4th Jan 18, 7:49 PM
    • 10,527 Posts
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    CIS
    Of course: Yet the OP statedDo any of us seriously believe these two are going to live separately?

    Best regards to all..
    Originally posted by theartfullodger
    That of course is another issue that has to be considered - what they could be planning is perfectly legal if the criteria are correctly met. I cast no comment on the actualities of the situation.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • SHill
    • By SHill 4th Jan 18, 8:14 PM
    • 146 Posts
    • 60 Thanks
    SHill
    Oh and dont forget to register to vote as soon as you move in to your new place.
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