8:26 AM, 20th January 2014, About 10 years ago 3
I was asked for some advice by a friend, but this one was a little beyond my experience, so I was hoping you guys could help me out.
My friend was sharing a house with one other tenant for around two years. He has admitted he didn’t pay any council tax during that period and recently the council have caught up with him and are demanding he pay the outstanding tax. The other tenant wasn’t paying either but no longer resides in the UK.
Normally I wouldn’t condone such behaviour, however, from everything I have been told about the landlord I really don’t think he is blameless in fact a lot of his behaviour was decidedly dodgy.
I asked my friend to show me the tenancy agreement for the property and having read in am not sure of its legality. It is a Scottish tenancy agreement, despite the fact that the property is in the Midlands, as is the landlords own home.
My main questions are – is a Scottish AST a legal tenancy agreement in England, and if it is not, is the tenant then liable for the Council Tax on the property? I have read about a couple of court cases recently which have said that if an AST rolls onto a statutory periodic tenancy then the tenant is deemed to have no material interest in the property and is therefore not liable for council tax, would the same apply in this case if the agreement is not valid?
All advice gratefully received!
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