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  • FIRST POST
    • Wideeyes
    • By Wideeyes 10th May 18, 10:29 PM
    • 1Posts
    • 0Thanks
    Wideeyes
    Council tax and empty house
    • #1
    • 10th May 18, 10:29 PM
    Council tax and empty house 10th May 18 at 10:29 PM
    Hi we moved out of our rented house of 9 years on 7th Feb. We gave the landlord notice and asked if we could keep some furniture there for while as we were short on space in the new house. He said that was fine as he had plans to sell and was in no hurry.
    We handed him the keys back mid April. We had not lived in the house and set up a council tax account for the new address on Feb 7th.
    I have just had a court summons through the door saying I am liable for the council tax from Feb to when I handed the keys back. Is this right I have to pay council tax even if we don't live there.
    Any advise would be much appreciated
Page 1
    • dj1471
    • By dj1471 10th May 18, 10:34 PM
    • 1,258 Posts
    • 861 Thanks
    dj1471
    • #2
    • 10th May 18, 10:34 PM
    • #2
    • 10th May 18, 10:34 PM
    You are liable up until the end of the tenancy.
    • mattyprice4004
    • By mattyprice4004 10th May 18, 10:53 PM
    • 3,599 Posts
    • 3,088 Thanks
    mattyprice4004
    • #3
    • 10th May 18, 10:53 PM
    • #3
    • 10th May 18, 10:53 PM
    Yep, you!!!8217;re liable unfortunately
    • wesleyad
    • By wesleyad 11th May 18, 10:25 AM
    • 240 Posts
    • 184 Thanks
    wesleyad
    • #4
    • 11th May 18, 10:25 AM
    • #4
    • 11th May 18, 10:25 AM
    Just checking, isn't the norm to pay over 10 months? I know individual councils can change this but if this was the case you might only be due for april (feb and march already paid up)
    • marliepanda
    • By marliepanda 11th May 18, 10:39 AM
    • 6,108 Posts
    • 13,005 Thanks
    marliepanda
    • #5
    • 11th May 18, 10:39 AM
    • #5
    • 11th May 18, 10:39 AM
    Just checking, isn't the norm to pay over 10 months? I know individual councils can change this but if this was the case you might only be due for april (feb and march already paid up)
    Originally posted by wesleyad
    That would have already been included in the councils calculation.

    if you had taken all your furniture out in February then a discount for unoccupied/unfurnished may have been claimable (each council is different)

    By leaving your furniture in it means you are liable for the council tax.
    • CIS
    • By CIS 11th May 18, 10:58 AM
    • 10,573 Posts
    • 6,109 Thanks
    CIS
    • #6
    • 11th May 18, 10:58 AM
    • #6
    • 11th May 18, 10:58 AM
    Hi we moved out of our rented house of 9 years on 7th Feb. We gave the landlord notice and asked if we could keep some furniture there for while as we were short on space in the new house. He said that was fine as he had plans to sell and was in no hurry.
    We handed him the keys back mid April. We had not lived in the house and set up a council tax account for the new address on Feb 7th.
    I have just had a court summons through the door saying I am liable for the council tax from Feb to when I handed the keys back. Is this right I have to pay council tax even if we don't live there.
    Any advise would be much appreciated
    Originally posted by Wideeyes
    Assuming England or Wales:

    What needs to be separated here is the council tax liability and the fact that rent may have been due - one does not automatically equal the other. It is not always the case that a person remains liable for council tax just because their is a rental liability in place.

    What is the key to whether not there is a council tax liability after vacation depends on the exact specifics of the tenancy agreement (when compared against s6 of the Local Government Finance Act 1992), furnishings etc are not a relevant consideration in this decison. Without knowing the details of the tenancy any council tax liability after vacation cannot be determined. There are a lot of mistakes made regarding this by councils where tenancy agreements have not been considered correctly and it can get expensive.

    If there is an actual council tax liability then obviously any discounts then need looked at.
    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.
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