Council tax liability dates make no sense?
I have been billed for council tax for a void period. The tenant left on 31 August and a new one moved in on 9th September.
I was charged for the void period as 31 Aug to 8th September. I believe I should have been charged for the period 1-8 September.
Although the amount involved is insignificant I believe the principle is interesting , the council reply is:
“To clarify, I would advise you that Council Tax Law provides that a persons liability begins on the first day of ownership/occupation, but ceases the day prior to their sale/vacation. In this case their tenancy ceased on 31st August 2016 and therefore were charged until the 30st August 2016, therefore resulting in the owner of the premises being liable with effect from the 31st August 2016”
On that basis I will have to advise all new tenants who take over properties consecutively that they will be responsible for council tax for the day before they move in!
Is this right?
Phil
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Member Since August 2013 - Comments: 883
1:38 PM, 8th October 2016, About 10 years ago
Reply to the comment left by “A P” at “08/10/2016 – 09:58“:
“All my AST’s end at midnight and I usually do the check out the following morning.”
If you let the tenancy run its course and only take possession back the following day then there should be no problem regarding council tax liability on the last day of the tenancy.
The issue arises when the landlord effectively takes possession during the last since a surrender, express or by operation of law, ends the tenancy whatever the tenancy agreement might say.