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Question

Council Tax (England)

Two weeks council tax dispute

14 Jun 2020 | 1 comment

I served a possession notice on my tenant.  He continued to reside at the property.  He was receiving HB which suddenly stopped.  I texted tenant and he replied that he was leaving “the following Friday”.  He never returned key.  Council disagree with date of leaving and are charging me an extra two weeks council tax as they say they have to go by the date the tenant gives them.  Am I legally right to refuse to pay this two weeks, as I could not really take possession of the property until the date given me by text by the tenant?

This topic was modified 11 months ago 2 times by 744
This topic was modified 11 months ago by guildy

Answer

1 Comment

  1. Imported

    09/07/2019 8:26 am
    Firstly, if you can prove actual “occupation” for any period, the tenant is absolutely liable without question.

    Once the property is empty, it becomes more tricky and depends on the terms of the tenancy.

    If you’re using our agreements, the tenant remains liable until the tenancy ends (even if that is after they ceased to occupy and in your case the Friday).

    If not using our agreements, you would need to see if there is a provision whereby the tenancy continues as a contractual periodic tenancy. If there’s no provision, it will roll on as a statutory periodic and then generally the landlord is liable irrespective of when the tenancy might actually end.

    In addition, the initial fixed term must have been for 6 months or more for the tenant to be liable.

    If the tenant is liable, an appeal would need to be made.

    Full details about liability where a tenant fails to give proper notice is available here. The link also has templates for appealing.

    guildy

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