Council tax liability for absconding tenant

Council tax liability for absconding tenant

13:04 PM, 13th September 2013, About 8 years ago 14

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My local council where I rent out my properties has since April been charging council tax for empty properties as soon as their empty. I have a case where in April [we think] a tenant who was on a periodic TA left. We were not sure that he left and only realised when no rent was forthcoming that he may have gone..Very carefully after nearly 4 weeks of attempting to contact him we took a chance and took possession [END OF June].We waited a few more weeks keeping all his possessions [mainly rubbish and some clothes] in the house. After that we stored his stuff redecorated the house and put it back on the market. A tenant finally moved in last week.

My question is who is responsible for the Council Tax? Will they chase me?or because there was no formal ending of the contract is the tenant liable?I have many cases like this in the past. Council tax liability for absconding tenant

Thanks

PJ



Comments

by Romain Garcin

19:29 PM, 13th September 2013, About 8 years ago

Reply to the comment left by " " at "13/09/2013 - 16:54":

If you take possession the AST stops running as your actions end it. So not only the tenant's liability for council tax ends, but so does his liability for rent.

by John Bolland

21:57 PM, 14th September 2013, About 8 years ago

Reply to the comment left by "Vanessa Warwick" at "13/09/2013 - 13:39":

I find a new trick by some councils I write to is to avoid the normal 6 months non payment council tax period if the property is void and unfurnished is to claim full council tax as " the property is no one's main abode....therefore full tax is payable "

Our reply is usually that the property is undergoing refurbishment/redecoration/de-infestation and as such is not habitable so no tax payable and that they will be advised who the new tenant is when they sign the ASTA (we do not say this is the date for tax as the tenant may not move in straight away!) .If this is a council with history we accuse them of reckless, time wasting behaviour and maladministration without due process of enquiry and warn them we may report them to the LGO.

As I deal with many councils it is only a largely "lefty" few who are the culprits....!

Councils are getting ever more desperate for money and feel Landlords are fair game.

We also recently had a Tribunal decision in our favour after an LHA tenant did a moonlight and the council tried to claim back over £1200 LHA that we got finally reduced to £400 approx.
The tent only 22, with a fatherless child and knowing all the benefits backwards owed £1,000's to other councils, housing associations, Next, sky etc etc.

The Judge though she should be sued and was clearly a fraudster. We said we would leave it to the councils and other parties. The lefty council rep kept stum after I pointed out that in their voluminous bundle they had the decision date for LHA before the application date! We do not normally rent to LHA's and this let was on the basis that from day 1 she paid the LHA to us. She reneged on this claiming the council had delayed approval etc Council refused to discuss with us but had been paying it for several months, money used to holiday in Turkey before we got it paid to us ....... She then planned her exit!

Quite complicated this was as regards vacating as the tenant advised the council she had left when she had not cleared all her belongings out or handed over the keys.
All time wasting nonsense although the tribunal staff were very friendly and we got to claim expenses.

Hey Ho the joys of being a Landlord.

by H McCallum

15:44 PM, 16th October 2013, About 8 years ago

A AST lapsed into a statutory periodic lease for a 2 month period the before the tenant gave notice to leave. However the tenant did not pay the council tax even though still in the property. The council are now demanding payment from me for the 2 month period. My understanding is that when a lease lapses in to periodic the terms of the lease remains the same which means the tenant is responsible for the 2 months they remained in the property under a periodic lease. Is this correct?

by Yvette Newbury

16:30 PM, 16th October 2013, About 8 years ago

Reply to the comment left by "H McCallum" at "16/10/2013 - 15:44":

Yes I agree with you.
Out of interest does your tenancy agreement state that will happen (lapse into periodic tenancy after fixed term)?


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