Council Tax for absconding LHA tenant?
Since council tax for empty properties became a landlord’s responsibility in April 2013 councils are trying every which way they can to get money in from the easiest target when a tenant absconds, the landlord. In fact if the tenant is on Benefits a demand for council tax is often the first a landlord knows that the property is empty.
As I understand it, the Housing Act 1988 stipulates that a tenant, if on a periodic tenancy, is legally obliged to give a calendar month`s notice ending on a rent day. I assume therefore that with a tenant doing a runner, the notice period is from the 1st rent day after the landlord finds out till the day before the following rent day. Therefore the landlord’s council tax liability runs from the 2nd rent day after finding the tenant has left.
Comments anyone?
In the case of a fixed period tenancy, and a tenant doing a runner, I have successfully challenged a Council and am not paying tax till after the fixed period has expired.
Regards
Grahame
Comments
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Member Since November 2014 - Comments: 2
10:26 AM, 17th February 2015, About 11 years ago
Please enlighten us how you avoided paying CTax for the fixed period tenancy.
Member Since July 2013 - Comments: 264 - Articles: 1
10:59 AM, 17th February 2015, About 11 years ago
to avoid this and potential problems with unpaid utilities I never ever let a tenancy go periodic, always insist on a new signed contract, i have had bills issued to me and always by proving tenancy with a current agreement have had the bills quashed.
Member Since August 2013 - Comments: 883
11:18 AM, 17th February 2015, About 11 years ago
If the tenancy is period then the landlord’s liability for council tax begins as soon as the tenant is no longer a resident at the property even if the tenancy continues.
This is not a major risk if the tenancy agreement is worded properly as the landlord is then entitled to deduct it from the deposit.
Member Since July 2013 - Comments: 197
11:52 AM, 17th February 2015, About 11 years ago
Reply to the comment left by “Romain ” at “17/02/2015 – 11:18“:
I am very lucky it seems as here in wales I have always been given an exemption for an empty property. I take it that you rent out furnished properties if you are paying council tax .
Member Since November 2014 - Comments: 2
12:01 PM, 17th February 2015, About 11 years ago
Durham County Councils do not give any exemptions on empty properties.
Member Since September 2016 - Comments: 2533 - Articles: 73
12:51 PM, 17th February 2015, About 11 years ago
Our drug dealing cannabis farmers have ‘absconded,’ and the electricity company just asked me is the electricity contract to now go in my name or stay in the tenant’s. I replied that it should remain in his name until the end of the fixed 1-year tenancy. So theoretically now I could use as much electricity as I wanted to and they would simply have to try and find the incredible, disappearing man.
Member Since April 2014 - Comments: 985 - Articles: 2
8:57 PM, 18th February 2015, About 11 years ago
Reply to the comment left by “Rosalind .” at “17/02/2015 – 12:51“:
…and the cannabis will be discounted as production costs will be less! (Joke)