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I just found this at https://forums.landlordzone.co.uk/forum/residential-letting-questions/43739-council-tax Whoever is registered to pay the council tax, is the one that has to pay it, so if it's not you, the council will have to go after the tenant for council tax , and does not concern you. Unless you are still registered to pay the council, in which case, unless you stipulated that the rent included council tax, or an extra payment was required, you cant ask for council tax if you are the ones down to pay. in which case, unless you stipulated the the rent included council tax, and in my case that was done at 3(b) of an assured shorthold tenancy that became a periodic.
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The Housing Act 1988 defines several main criteria for an Assured Shorthold Tenancy to be set up: The property must be let as separate accommodation The property must be the tenant’s main or principal home The tenant should be an individual However, there are some circumstances in which a shorthold tenancy cannot be used. For example, when a property is: Being let for a very high rent (more than £100,000 per year) Being let for a very low rent / at no cost Being let as a holiday home Being let to a tenant while the landlord is residing in the same property Being let with more than two acres of agricultural land or an agricultural tenancy Being let under a tenancy which began prior to the 15 January 1989, or which was formerly a protected tenancy Being let to a private limited company Owned by the Crown or a government department
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Does the person in the statutory periodic tenancy expired and served with a Notice Requiring Possession' still live in the property and liable for council tax? or are they homeless as the council awarded a status of homelessness still owe council tax? When would it be reasonable to presume they did not owe council tax a sit seems they can now owe council tax whilst being deemed resident in two different properties,(whether they are or not ) one of which they are evicted form. It seems that "cease to be resident in the property" is open to interpretation and may extend long after the tenant thinks they have left . It seems now that the tenancy agreement may not have been valid because of Being let to a tenant while the landlord is residing in the same property?
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It mentions the word council tax and the promise to pay it in the wording, how much more plain can it get?
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Please would you post here a link to post #16 as I do not know to what you refer. I have no link. Thanks
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What of the legislation as regarding the tenancy agreement? Is that overridden by the council? When the tenancy agreement directly relates that the landlord will pay any council tax and accepts such as part of the rent why does the law suddenly not apply? The landlord is not saying that he setting the rate of that council tax, only that he agrees to pay the sum relating to the flat he is renting out.
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But I did not own the flat as in being a leaseholder or with a freehold mortgage. I am simply a shorthold tenant, surely that classification puts me at number 3 - tenant.
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Not me myself, I just copied and posted some information I thought would be pertinent.
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i MOVED IN TO THE NEW PROPERTY WHEN I WAS GIVEN THE KEYS ON THE 14TH AUGUST 2017. THE TENANCY FORMALLY ENDED ON 2ND FEBRUARY 2017 BEFORE THE FLAT WAS RE-EVALUATED BY THE COUNCIL. IT WAS NOT LEASEHOLD AND I WAS A SHORT HOLD ASSURED TENANT in a statutory periodic I think as only an assured shorthold from 1999 can be so I was told at shelter. If tenancy agreements - when they start , and when they stop make no difference surely the council is in the dangerous position of being able to dictate and demand to anyone anywhere that they owe council tax on another property whether they were resident in that property or not .Isn't that a mockery? I do not know if the eviction order formally makes me having left the property, if it does then I was already evicted when they re-classified the property.
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It would possibly be good to see someone take a case like that to the High Court to see in who's favour they would rule - I would be almost certain they wouldn't find against the legislation. (I've just done a professional qualification in council tax law and haven't come across any cases where this has already been challenged) If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable. The hierarchy of liability is: 1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property 2. a resident tenant 3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there 4. any resident living in the property, for example, a squatter 5. an owner of the property where no one is resident." PLEASE CAN SOMEONE TELL ME WHY THIS LEGISLATION IS BEING IGNORED IN ORDER TO CHEAT THOUSANDS OF PEOPLE OUT OF WHAT LITTLE MONEY THEY HAVE!
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Who pays Council Tax? Normally the person who lives in a property will have to pay the Council Tax. The list below shows who should pay in order of responsibility (from top to bottom): A resident freeholder A resident leaseholder A resident statutory or secure tenant A resident licensee Someone who lives in the property with no security of tenure The owner (the person entitled to legal possession) For example: If there is no resident freeholder (1) then the resident leaseholder (2) will be liable. If there is no resident freeholder (1) nor a resident leaseholder (2) then the resident tenant (3) will be liable to pay etc. until the liable person is determined. IF MY LANDLORD LIVED IN THE PROPERTY AS RESIDENT THEN HE IS LIABLE FOR ALL COUNCIL TAX ISN'T HE? my landlord keeps flat 4 for himself and his wife and his wife is owner.
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I did not vacate. I was under an eviction order from the court and considered homeless by the council itself! until i was rehoused by them on the 14th august2017, from the eviction date I am surely not liable for council tax?
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There is also the situation to consider of being classified as homeless officially and under the direction of an eviction for the dates mentioned. Does that make any difference at all or are the homeless now responsible for any councils demand for money?
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Plus the agreemnt at 3 b states that he will take the resonsility for paying any council tax as may become due not that my landlord orders me to pay a set council tax!
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The fact that they have the date wrong does not matter either? This infers that anyone living anywhere else can be asked to pay council tax for a place they did not even live in. My God, this is sounding like the wild west. Is there any law that si respectable and has a moral grounding? or is the Uk now just full of thugs in cloaks?
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