Council tax liability?

Council tax liability?

10:19 AM, 6th January 2023, About A year ago 39

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Hello, My tenant had a two years AST but she left after 18 months. The council made her liable for council tax and she appealed. I was not involved in the tribunal hearing.

She won the appeal saying the landlord agreed to end the tenancy, which I did not. The council then put the council tax liability onto me.

The council agrees that they have no evidence that the property was tenanted or re-occupied. They have refused my appeal and told me that I can appeal direct to the tribunal against their earlier decision.

The local authority has refused to release the full evidence my tenant provided to the appeal’s panel due to data protection.

Also, the local authority tells me that the tribunal has stopped the LA from providing me with all the evidence.

As I was not involved in the earlier tribunal hearing to verify her false evidence, I feel it’s up to the billing authority to appeal the decision.

The Amended Council tax reg. 2013 says: “Where a tenant fails to give correct notice, the tenant continues to be liable until the property is re-let or the landlord accepts a surrender.”

Advice please!

Ravinder

 


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Comments

Ian Narbeth

14:34 PM, 6th January 2023, About A year ago

I have not had time to check if it is still correct but this note sets out the position. The legal position is not straightforward. As against the Council the landlord may be liable. If the tenancy contains an indemnity by the tenant the tax may be recoverable by the landlord.

Luke P

14:43 PM, 6th January 2023, About A year ago

Reply to the comment left by eagle view at 06/01/2023 - 14:15
The LL doesn’t need to chase the tenant. It’s not their bill to pay. There’s a hierarchy of responsibility. In these circumstances, the tenant owes (not the LL who then recovers from the tenant).

Luke P

14:45 PM, 6th January 2023, About A year ago

Reply to the comment left by Ian Narbeth at 06/01/2023 - 14:34
“Where the client is still within a fixed term tenancy, and the fixed term is of at least six months, the tenant will be the ‘owner’ and will continue to be liable, even after they have left, if they failed to end the tenancy.”

Alexander Henry

14:46 PM, 6th January 2023, About A year ago

My LA (South Tyneside) told me that if there's a dispute as to when a tenancy has ended, they are obliged BY LAW to take the tenant's side. Every tenant I've had has left me with some council tax liability (from a month to six months). The LA are most candid. Someone has to pay and since we can't track down the tenant, the landlord must pay. He/she should sue the tenant if he/she is not happy about it. Just as you have to hope the tenant doesn't trash the place, you have to hope the tenant doesn't leave you with too big a tax bill.

TheMaluka

15:01 PM, 6th January 2023, About A year ago

Reply to the comment left by Alexander Henry at 06/01/2023 - 14:46
Do you know where I can find this law? Is it statute or case law? or was the Local Authority just making it up?

Ian Narbeth

15:08 PM, 6th January 2023, About A year ago

Reply to the comment left by Luke P at 06/01/2023 - 14:45
Reply
Thanks Luke. I was responding rather hastily to some of the other comments on this thread. On the facts it appears the landlord is not liable. I think the OP needs to put the Council to proof and demand as part of any proceedings to see the allegedly false evidence given by the tenant.

He might also report the tenant to the police for an offence under the Fraud Act. Unlikely they will act this century but might be worth an email or even the price of a stamp.

Adrian Alderton

15:17 PM, 6th January 2023, About A year ago

Some useful comments such as trying to speak to someone higher up the chain dealing with Ccl tax prosecutions. May be able to find out what their case is based on. Also the LA will have to provide this information if you appeal to Tribunal.
Finally, I got fed up with being screwed by the council when they kept giving tenants the 1 month void allowance incorrectly. So when I had a similar type of 'abandonment' case and they were chasing me for £1000+ I contacted Craig at info@lgfa92.co.uk
https://www.lgfa92.co.uk/
He is a specialist on Council tax, knows his stuff, charges reasonable rates and we got the Council to back down. Only success i have ever had against a Council despite previous Tribunal attempts.

Layla .

17:13 PM, 6th January 2023, About A year ago

Reply to the comment left by eagle view at 06/01/2023 - 13:38
Here, let me fix that for you.
Tenants need to see the human side of the landlord and when they are asked to leave a few months before the lease ends they should accept that the landlords circumstances can change due to job loss, work relocation, family bereavement, or any other personal reason. If the landlord gave them the property in good condition then the tenant should give them a good smile and move on.

Luke P

17:27 PM, 6th January 2023, About A year ago

Reply to the comment left by Alexander Henry at 06/01/2023 - 14:46
“BY LAW” hmm…a very typical pub-dweller’s phrase…

SimonP

18:45 PM, 6th January 2023, About A year ago

Are you not entitled to an exemption (albeit limited) from council tax due to Empty Property?

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