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
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Member Since October 2020 - Comments: 1333
10:27 AM, 26th August 2026, About 5 days ago
Reply to the comment left by Martin Thomas at 25/08/2026 – 21:12
Possession in housing law is not the same as actually living there/ having responsibility for the Council tax.
Member Since May 2014 - Comments: 215
10:44 AM, 26th August 2026, About 5 days ago
Reply to the comment left by DPT at 26/08/2026 – 10:27
To clarify your point, it would be useful to know where in ‘Housing Law’ this is written
Member Since October 2020 - Comments: 1333
11:17 AM, 26th August 2026, About 5 days ago
Reply to the comment left by Neilt at 26/08/2026 – 10:44
Local Government Finance Act 1992
Member Since January 2025 - Comments: 20
10:43 AM, 29th August 2026, About 2 days ago
Same in Brighton. The Council explained it to me referencing hotel bookings: If I book a room for 1st September, I pay for that night. I vacate the room on 2nd September, so I don’t pay for that night. In the case of tenants, the outgoing tenant does not sleep at the property on moving out day – neither does the incoming tenant. So to avoid the landlord paying Council Tax for one day, you have to arrange a same day move out/move in.
Member Since May 2015 - Comments: 2300 - Articles: 2
11:44 AM, 29th August 2026, About 2 days ago
The solution is simple. Include a clause in your tenancy agreement that the tenancy ends at midnight on the last day. It is Irrelevant when the tenant actually leaves, it is the end of the tenancy which counts. Let the council take you to court (magistrates) and produce your tenancy to the magistrate.
Charging for the last day of a tenancy is bullying for money, it may only be a few pounds but it is better in your account than theirs.
Member Since August 2018 - Comments: 169
11:52 AM, 29th August 2026, About 2 days ago
Reply to the comment left by GH at 29/08/2026 – 10:43
Sorry, that reasoning is stupid. The person that pays on 2nd September is the new person coming in and they’re staying the night. Therefore every day is accounted for and charged. You’ve achieved move out/move in on the same day. That’s the point.
Member Since October 2020 - Comments: 1333
11:55 AM, 29th August 2026, About 2 days ago
Reply to the comment left by The_Maluka at 11:44
You don’t need to specify in a contract that the tenancy ends a midnight as that’s the de-dacto legal position.
I think it’s also reckless of you to advise letting the Council take someone to court over unpaid Council Tax. Imprisonment is possible for willful non-payment. Besides which the Council are correct that in law the landlord has liability for that day. The solution for any landlord who can be bothered over such a trivial sum is to recover the amount from the tenant by enforcing the contract term requiring all CT to be paid by them until the end of the tenancy.
Member Since May 2015 - Comments: 2300 - Articles: 2
12:30 PM, 29th August 2026, About 2 days ago
Reply to the comment left by DPT at 29/08/2026 – 11:55
“You don’t need to specify in a contract that the tenancy ends a midnight as that’s the de-dacto legal position.”
If that is so then why do councils prsistently try to charge the landlord for the last day of the tenancy? Can you please point me to the statute or case law which defines the end time of a tenancy?