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  • FIRST POST
    • bopsybunny
    • By bopsybunny 7th Jan 19, 3:39 PM
    • 80Posts
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    bopsybunny
    Council tax - moved out. Pay twice?
    • #1
    • 7th Jan 19, 3:39 PM
    Council tax - moved out. Pay twice? 7th Jan 19 at 3:39 PM
    We recently bought our first house (21st December). We have moved to a different council area. Our tenancy on the old house technically ends on 21st January (didn't want to give notice until exchange, just in case something went wrong!) but we moved out on 22nd December, and handed the keys back to the lettings agent on 5th January.

    The letting agent has found new tenants who want to move in ASAP. They will likely move in before the end of our tenancy period, and if this happens we will get a refund on a portion of our rent.

    I informed the council of the rented property that we were moving out on 21st Jan. I've just seen that I've been charged my normal council tax. I queried this and they have said that I've paid until 19th January, and a final bill will be sent to my new address (for the 2 days..!) Apparently you're liable for council tax until the end of your tenancy agreement, regardless of whether you still live there or not.

    If the new tenants move in early, am I paying council tax on their behalf? Will the council charge them and they get the money twice? Will my tenancy technically end when the new tenants move in, meaning I can apply for a partial refund?

    Any ideas much appreciated!
    Deposit savings Aug 17: £3.5k. Dec 18: £22.1k
    Goal: Own house by Christmas 2018
Page 1
    • davidmcn
    • By davidmcn 7th Jan 19, 3:50 PM
    • 10,443 Posts
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    davidmcn
    • #2
    • 7th Jan 19, 3:50 PM
    • #2
    • 7th Jan 19, 3:50 PM
    Yes, there shouldn't be two parties paying council tax for the same days - so if the new tenancy starts early then that should become the start date for the new tenants, and your council tax ends on the previous day.
    • CIS
    • By CIS 7th Jan 19, 4:05 PM
    • 10,990 Posts
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    CIS
    • #3
    • 7th Jan 19, 4:05 PM
    • #3
    • 7th Jan 19, 4:05 PM
    I informed the council of the rented property that we were moving out on 21st Jan. I've just seen that I've been charged my normal council tax. I queried this and they have said that I've paid until 19th January, and a final bill will be sent to my new address (for the 2 days..!) Apparently you're liable for council tax until the end of your tenancy agreement, regardless of whether you still live there or not.
    It depends on the exact situation and type of tenancy.


    If the new tenants move in early, am I paying council tax on their behalf? Will the council charge them and they get the money twice? Will my tenancy technically end when the new tenants move in, meaning I can apply for a partial refund?
    Once new residents move in, and you're not resident, then you won't be held liable for the period and the charge will pass to them. The council will have to adjust their records and refund any difference.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • danlewi2
    • By danlewi2 7th Jan 19, 4:25 PM
    • 97 Posts
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    danlewi2
    • #4
    • 7th Jan 19, 4:25 PM
    • #4
    • 7th Jan 19, 4:25 PM
    Agreed with CIS - you are liable to the end of your tenancy unless new occupants move in and take over the liability.
    • sevenhills
    • By sevenhills 7th Jan 19, 5:56 PM
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    sevenhills
    • #5
    • 7th Jan 19, 5:56 PM
    • #5
    • 7th Jan 19, 5:56 PM
    It depends on the exact situation and type of tenancy.
    Originally posted by CIS

    You may be able to get a discount if you have a second home or an empty property - itís up to your council to decide.

    • ThePants999
    • By ThePants999 7th Jan 19, 7:04 PM
    • 1,478 Posts
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    ThePants999
    • #6
    • 7th Jan 19, 7:04 PM
    • #6
    • 7th Jan 19, 7:04 PM
    To be precise - you are liable for the duration of your tenancy, full stop. However, your tenancy can end earlier than the tenancy agreement says, if you and your landlord mutually agree. And you moving out and handing the keys back, and the landlord moving in new tenants, constitutes mutual agreement, so in the absence of clear communication setting out the exact date on which your tenancy ends, it'll be considered to end when the new tenants move in (and theirs starts).

    While it's not relevant to you, it might be worth highlighting for the benefit of others: had you agreed with your landlord that the tenancy would end on (for example) the 15th Jan, and you moved out on or before that date, but the landlord didn't immediately move new tenants in - you would cease to be liable for council tax as of that date anyway. The landlord would be liable for council tax for the period after the end of your tenancy and before the start of the next one.
    • CIS
    • By CIS 7th Jan 19, 7:33 PM
    • 10,990 Posts
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    CIS
    • #7
    • 7th Jan 19, 7:33 PM
    • #7
    • 7th Jan 19, 7:33 PM
    To be precise - you are liable for the duration of your tenancy, full stop
    For the purposes of council tax he remains liable for the duration of the tenancy whilst resident in the property. He may remain liable for any period whilst still holding a tenancy and not resident in the property but it's not a given, it depends on the specific circumstances..
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • Puflet
    • By Puflet 8th Jan 19, 12:32 AM
    • 17 Posts
    • 4 Thanks
    Puflet
    • #8
    • 8th Jan 19, 12:32 AM
    • #8
    • 8th Jan 19, 12:32 AM
    You'd be liable for rent up until the end of your tenancy, and council tax for as long as you were resident at the property. If you moved out before the end of your tenancy, the landlord would be liable for the council tax until someone else moved in there.

    At least, that's how it worked when I rented out a property!
    • CIS
    • By CIS 8th Jan 19, 8:33 AM
    • 10,990 Posts
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    CIS
    • #9
    • 8th Jan 19, 8:33 AM
    • #9
    • 8th Jan 19, 8:33 AM
    the landlord would be liable for the council tax until someone else moved in there.

    At least, that's how it worked when I rented out a property!

    It depends on the type of tenancy at the point of vacation.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • bopsybunny
    • By bopsybunny 8th Jan 19, 9:47 AM
    • 80 Posts
    • 73 Thanks
    bopsybunny
    Thanks everyone for your replies!

    We were on a 12 month assured shorthold tenancy, after which we then automatically switched to a monthly periodic tenancy.

    Hopefully the new tenants will move in nice and quick, and I'll get a little money back.
    Deposit savings Aug 17: £3.5k. Dec 18: £22.1k
    Goal: Own house by Christmas 2018
    • CIS
    • By CIS 8th Jan 19, 11:04 AM
    • 10,990 Posts
    • 6,399 Thanks
    CIS
    Thanks everyone for your replies!

    We were on a 12 month assured shorthold tenancy, after which we then automatically switched to a monthly periodic tenancy.

    Hopefully the new tenants will move in nice and quick, and I'll get a little money back.
    Originally posted by bopsybunny

    In which case you ceased being liable for council tax the moment you ceased being resident - not unusual for councils not spot this though.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • Ally E.
    • By Ally E. 13th Jan 19, 2:19 PM
    • 50 Posts
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    Ally E.
    Same situation with us, but the council said they need actual move out dates and not tenancy end dates. We paid until we moved out from rented flat and still had 11 days left of our notice, council didn't want us to pay for those 11 days.
    • G_M
    • By G_M 13th Jan 19, 3:33 PM
    • 47,362 Posts
    • 57,810 Thanks
    G_M
    In which case you ceased being liable for council tax the moment you ceased being resident - not unusual for councils not spot this though.
    Originally posted by CIS
    I've never understood the rationale for this CIS.


    Tenant's notice hasn't expired.
    Tenancy hasn't ended.
    Rent is still due.

    Why does the landlord become liable for CT?


    • CIS
    • By CIS 13th Jan 19, 3:39 PM
    • 10,990 Posts
    • 6,399 Thanks
    CIS
    I've never understood the rationale for this CIS.


    Tenant's notice hasn't expired.
    Tenancy hasn't ended.
    Rent is still due.

    Why does the landlord become liable for CT?


    Originally posted by G_M

    Not a clue why he decided to draft the legislation the way they did - I suspect it is the outcome of a ham-fisted attempt to define the 'owner' and non-one fully considered the knock-on effect.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • CIS
    • By CIS 13th Jan 19, 3:41 PM
    • 10,990 Posts
    • 6,399 Thanks
    CIS
    Same situation with us, but the council said they need actual move out dates and not tenancy end dates. We paid until we moved out from rented flat and still had 11 days left of our notice, council didn't want us to pay for those 11 days.
    Originally posted by Ally E.
    Sounds like a council who knew what they should be looking at.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • moneysaver
    • By moneysaver 13th Jan 19, 4:35 PM
    • 689 Posts
    • 337 Thanks
    moneysaver
    You only pay for council tax while living there, your move out date ends your commitment to pay. It is not you that pays if the house is empty.



    Make sure you only pay up until 21st Dec 2018. Don't let the council fob you off.


    Moneysaver
    • G_M
    • By G_M 13th Jan 19, 5:10 PM
    • 47,362 Posts
    • 57,810 Thanks
    G_M
    You only pay for council tax while living there, your move out date ends your commitment to pay. It is not you that pays if the house is empty.

    Make sure you only pay up until 21st Dec 2018. Don't let the council fob you off.

    Moneysaver
    Originally posted by moneysaver
    Correct in this instance.


    But for others, note that this is because it is a periodic tenancy. If it were a fixed term, then CT would be payable even if the tenant moved out before the end of the fixed term.
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