mickjo Posted February 23, 2014 Report Share Posted February 23, 2014 Hi there, hope you can answer this quickly for me. I have a 1 bedroom flat I rent out in England. The tenant signed an initial 6 months lease through a letting Agent. He put in the agreed 1 months notice to quit period 5 months into the 6 month lease. I rang the Council to let them know and I would be liable for the council tax from the date of the lease finish, however they stated that the tenant moved out 8 days before the end of the lease date and that as the landlord I'm liable for the council tax. It amounts to only about £30 but it makes me fizz, if the tenant has signed a lease for 6 months then surely he's responsible for all bills including council tax. Not only do I get screwed because I'm not entitled to any council tax discount because I don't live in the flat as I live and pay full council tax in a different property but I have to pay for a tenant who leaves early. Mick Link to comment Share on other sites More sharing options...
Richlist Posted February 23, 2014 Report Share Posted February 23, 2014 There are a number of points raised in your post. 1. Tenants are not legally required to give notice to end the tenancy at the end of a fixed term 6 month tenancy agreement. Any notice they gave you was entirely voluntary & not something you were entitled to.....even if it said so in your contract. 2. As the landlord you are responsible for the council tax when the property is empty. As the tenancy ran for another 8 days you should pay the council tax demanded and then recover the money from your ex tenant.....thru the small claims court if necessary. 3. In my part of leafy Essex.....unfurnished & unoccupied property is subject to a 100% discount for up to 6 months. Only furnished & unoccupied property is charged council tax.....at 50% I believe. Perhaps you can double check your particular council set up. Link to comment Share on other sites More sharing options...
mickjo Posted February 23, 2014 Author Report Share Posted February 23, 2014 Hi there thanks for your prompt reply. Redcar and Cleveland council are very draconian about this. Quote from their website. With effect from 1 April 2013, the Council will no longer be able to offer a discount or exemption on empty domestic dwellings. This is because the Councils finances no longer allow for these reductions to be granted. The decision to remove these reductions was part of a wider budget decision made by the Borough Council on 7 March 2013. In addition the Council will be applying a charge to properties that have been continuously empty for over 2 years. This will be called an 'Empty Property Premium'. The amount of the premium will be an additional 50% tax liability charge. Therefore, properties that have been continuously empty for 2 or more years will incur a 150% council tax charge. The thing that really sticks in my throat is that if I live in Scotland and pay my full council tax here, I have to pay FULL in Redcar when I don't even live there and so wont have any use of there services at all including refuse collections. I will speak to the Agents for the details of previous tenant and proceed to recover the costs. Thanks Mick Link to comment Share on other sites More sharing options...
Melboy Posted February 23, 2014 Report Share Posted February 23, 2014 Hi there, hope you can answer this quickly for me. I have a 1 bedroom flat I rent out in England. The tenant signed an initial 6 months lease through a letting Agent. He put in the agreed 1 months notice to quit period 5 months into the 6 month lease. I rang the Council to let them know and I would be liable for the council tax from the date of the lease finish, however they stated that the tenant moved out 8 days before the end of the lease date and that as the landlord I'm liable for the council tax. It amounts to only about £30 but it makes me fizz, if the tenant has signed a lease for 6 months then surely he's responsible for all bills including council tax. Not only do I get screwed because I'm not entitled to any council tax discount because I don't live in the flat as I live and pay full council tax in a different property but I have to pay for a tenant who leaves early. Mick I say the tenant is responsible for the CT up to the final day of his move out as stated on the 6 month AST contract. Even if your tenant has stated to the CT office that he has moved out you need to show evidence that he was under contract for those 8 days to the CT office. Link to comment Share on other sites More sharing options...
Richlist Posted February 23, 2014 Report Share Posted February 23, 2014 ......and in trying to do so you will expend considerable time & effort to achieve your goal. Paying the bill ( a small sum of around £30) and taking appropriatte action for recovery ......letter before action then the small claims court will be considerably easier and have the same result. Good luck. Link to comment Share on other sites More sharing options...
Grampa Posted February 23, 2014 Report Share Posted February 23, 2014 This is a fairly easy issue to clarify with your council and they are incorrect in trying to recover the council tax liability for the remainder of the tenancy from you. One letter should do it stating:Mr xxx held a tenancy at xxxxxxx for the period xxx - xxxx (tenancy attached). No early surrender of the tenancy was accepted and therefore the tenant occupier continued to have a material interest and remained liable for this period. You are fully aware there is no occupational requirement for the person with the inferior material interest with a tenancy of 6 month or more to be liable.Please adjust the bill correctly otherwise you leave me no option other than to appeal under section 16(4)(a) Local Government Finance ActSomething on those lines should do the trick. If the tenancy was under 6 months and the tenant left early the council could make the landlord liable Link to comment Share on other sites More sharing options...
mickjo Posted February 23, 2014 Author Report Share Posted February 23, 2014 Some good points there, the people at the council tax office started stating its because its less than 12 months lease blah blah blah and any shortfall is my responsibility. I will right out the letter from Grampa and send it to them for them to update the bill. Hopefully they'll send me something back in writing. The council are totally belligerent almost to the point of being treated like a capitalist scumbag and should be grateful I have property. They pass on any debt from the CT almost immediately to a debt collecting agency. I had a bill last year for arrears that I was unaware of. thanks again. Mick Link to comment Share on other sites More sharing options...
Richlist Posted February 23, 2014 Report Share Posted February 23, 2014 The council are totally belligerent almost to the point of being treated like a capitalist scumbag and should be grateful I have property. Well I suspect thats more to do with individuals within the councils employ rather than ALL of the council. They pass on any debt from the CT almost immediately to a debt collecting agency. I had a bill last year for arrears that I was unaware of. As a council tax payer.....and I pay more than my fair share occasionally.....I'm pleased that councils robustly persue those that don't pay or are slow to pay. The rest of us have to make up any shortfall so chasing unpaid CT is very worthwhile. Councils are just like every other organisation and do make mistakes occassionally so don't expect perfection. If they are wrong or owe you money treat them the same wayy and persue them for payment. Link to comment Share on other sites More sharing options...
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