Council Tax on an empty property overnight?

I have come across something odd with York City Council and their Council Tax on Student Properties at a change of tenancy.

In York, you will be charged one night of Council Tax for a tenancy that ends on the 30th June and the new students move in on the 1st July, I am told, because that property is empty overnight. This didn’t use to be the case, but I am guessing that as Councils are more desperate for money, they will do anything to obtain more.

That charge for 1 night/day depends on the property, but in this instance it was £6 (not a lot, but it’s the principle of the thing).

They require you to give move-in and move-out dates; they are referred to as this, and not Tenancy start and end dates. However, this one house: 3 tenants left (30th June )and 1 was to remain for a second year with new tenants, not moving in until 1st August and no new tenancy at that time had been signed.

Now the way that I see it is that there is no Council Tax due, as one tenant remains in the house. However, they are now arguing that the tenancy has come to an end and therefore Council Tax is due.

I wrote back and explained that under the Renters’ Rights Act, which came into force on May 1st, there technically is no end date to the tenancy; all Tenancies are now a rolling monthly tenancy.

I do believe they make up rules to suit their purposes, as they informed me that under Council Tax legislation, not regulations, this is what they enforce and that it may be out of sync with other legislation!!!

I have informed them that I will be taking advice on this, as it’s the principle of the thing and that I have asked for the legislation they are relying on!

I also cannot see that one piece of legislation can be out of sync with others!

They also argued that an individual tenancy and a joint tenancy make a difference; if he was on an individual tenancy, then no council tax would be due, but because he was a joint tenant, there is, I did argue, that, having been given notice by the other 3, effectively there was only one tenant on that tenancy.

Sharon