Landlord responsibility to notify LA of new tenancy?
Can anyone advise, please? I had a new tenant move in some time ago. I advised the tenant that he had 4 weeks to notify the Local Authority of his responsibility for Council tax.
However, he has only managed to pay for some months’ council tax and not others.
Unfortunately, I did not notify the Council of the new tenancy. He fell into arrears and the Council are taking me to Court for unpaid Council tax!
Was it my responsibility to notify the Council of the new tenancy?
Can the council pursue me for the tenant’s non-payment?
Many thanks
Philip
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Member Since October 2018 - Comments: 149
12:07 PM, 2nd August 2022, About 4 years ago
Write to the Council ( I usually email ) with a copy of the Tenancy agreement showing you are not liable.
Member Since July 2013 - Comments: 754
12:16 PM, 2nd August 2022, About 4 years ago
Its always a good idea to advise the Council yourself, but that omission does not make you responsible for payment, as it is the occupier’s liability (except in student houses (CT exempt) and HMOs where the LL pays).
By paying some of the CT already your tenant has effectively accepted responsibility for it, but his failure to pay does not make you responsible for his debt. I would do as John Mac suggests as well as asking the Council to provide the legal basis for them requesting payment from you.
Member Since January 2015 - Comments: 1450 - Articles: 1
1:25 PM, 2nd August 2022, About 4 years ago
I just notify that xyz has taken over responsibility for Council Tax. Never sent a copy of a tenancy agreement or been asked for one.
One ever been asked for on3 for housing benefit tenants
Member Since March 2017 - Comments: 4
1:33 PM, 2nd August 2022, About 4 years ago
Many thanks. I have to go to Court tomorrow to answer the summons of not paying the tax so I will let you know the result after
Member Since October 2018 - Comments: 149
2:44 PM, 2nd August 2022, About 4 years ago
Reply to the comment left by philip cox at 02/08/2022 – 13:33
I would contact them today, once they see the AST they will cancel the hearing.
Member Since May 2018 - Comments: 2025
2:53 PM, 2nd August 2022, About 4 years ago
Reply to the comment left by Judith Wordsworth at 02/08/2022 – 13:25
I have always done the same. I write to the Council using first class recorded delivery saying who is moving in (named tenant) and the start of the date of the tenancy and I put a copy of the letter together with the fee for the recorded delivery post in with my accounts file (I deduct the cost of the postage from the rent so this costs me nothing).
If I get a query from the Council I send them a copy of the original letter and deduct the cost of that from rents as well.
Member Since August 2022 - Comments: 2
4:41 PM, 2nd August 2022, About 4 years ago
Reply to the comment left by Beaver at 02/08/2022 – 14:53
if you have an agent they should be doing this for you, otherwise always inform the council. I do it online to their email address and hold a copy against the address.
Member Since February 2018 - Comments: 627
4:41 PM, 2nd August 2022, About 4 years ago
“Unfortunately, I did not notify the Council of the new tenancy. He fell into arrears and the Council are taking me to Court for unpaid Council tax!
Was it my responsibility to notify the Council of the new tenancy?”
Look at this from a different perspective, who was the “tenant” before your tenant moved in?
Unless you were extremely luck and had no void period, the liability for council tax fell on you, why would you NOT notify the council of the end of your liability and advise of the incoming tenant, I do this every single time, councils often get the end/start dates wrong too trying to charge landlords an extra day at both ends, liability ends and starts at midnight.
Member Since October 2018 - Comments: 149
4:45 PM, 2nd August 2022, About 4 years ago
Reply to the comment left by Beaver at 02/08/2022 – 14:53
Think you need to speak to an accountant, that’s not the way to claim costs.
Member Since May 2018 - Comments: 2025
5:21 PM, 2nd August 2022, About 4 years ago
Reply to the comment left by John Mac at 02/08/2022 – 16:45
From memory rent, rates, insurance, council tax go in box 24 and I think I put postage into 29 “other allowable expenses.” But in reality the cost of a first class letter by recorded delivery isn’t material and neither an accountant or HMRC would give a **** about it….it’s certainly less material than a demand for unpaid Council Tax.
The value of the letter is that when you get the demand from the Council for Council tax you just fish the letter and the receipt out of your file and send it to the Council who can’t say ‘we didn’t get the email’ and the Council then go away.