Hi there, looking for some advice hoping someone can help.

Quick summary

-We had moved into a property in early January this year.

Although we asked our estate agents specifically about the noise level in and around the property they had failed to tell us there was a nightclub directly behind the property.

For a whole week we had to endure extremely loud music until the early hours of the morning

(Music would start about 11pm and finish at 4, the base from the speakers could be heard throughout the property).

After making complaints to our Agents,

the Environmental and health department and the Police we got no answers.

We were then forced to make a difficult decision whether to move, as the current situation was not acceptable and we both started our new careers

and the lack of sleep was causing us great distress.

We decided it was best for both our health to move to a different property.

We took our leaving letter and keys to the estate agents and explained why we cannot stay no longer.

Now we are in dispute with the Agents and it will be going to court.

However the problem is with the council,

although we had told the council when we departed the property and explained the issue and paid the bill for the time we were there

they continue to chase us for council tax "owed" as the Estate agents claim that the tenancy had not finished.

After explaining and explaining that we are in dispute and we had only lived there for a week etc they still continue to chase us.

Would somebody be able to suggest some advice for us?

Many thanks

how long was your tenancy supposed to be for?

if a property has no residents, the liability for council tax falls upon the owner

however where a tenant has a tenancy which has a period of 6 months or more, they are treated as an owner for council tax liability purposes

so if your tenancy was supposed to be for less than 6 months, you are not liable

however if it was supposed to be for 6 months or more, then you would be liable up until the point that tenancy ended

As stated above if you singed a tenancy agreement for a fixed period of six months (or more) then the law considers you to have a material inters in the property and you would be responsible to pay the council tax to the end of the tenant.

6 Persons liable to pay council tax.

 

(1)The person who is liable to pay council tax in respect of any chargeable dwelling and any day is the person who falls within the first paragraph of subsection (2) below to apply, taking paragraph (a) of that subsection first, paragraph (b) next, and so on.

(2)A person falls within this subsection in relation to any chargeable dwelling and any day if, on that day—

(a)he is a resident of the dwelling and has a freehold interest in the whole or any part of it;

(b)he is such a resident and has a leasehold interest in the whole or any part of the dwelling which is not inferior to another such interest held by another such resident;

©he is both such a resident and a statutory [F1, secure or introductory tenant]of the whole or any part of the dwelling;

(d)he is such a resident and has a contractual licence to occupy the whole or any part of the dwelling;

(e)he is such a resident; or

(f)he is the owner of the dwelling.

(3)Where, in relation to any chargeable dwelling and any day, two or more persons fall within the first paragraph of subsection (2) above to apply, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.

(4)Subsection (3) above shall not apply as respects any day on which one or more of the persons there mentioned fall to be disregarded for the purposes of discount by virtue of [F2paragraph 2 (severely mentally impaired) or 4 (students etc.) of Schedule 1 to this Act] and one or more of them do not; and liability to pay the council tax in respect of the dwelling and that day shall be determined as follows—

(a)if only one of those persons does not fall to be so disregarded, he shall be solely liable;

(b)if two or more of those persons do not fall to be so disregarded, they shall each be jointly and severally liable.

(5)In this Part, unless the context otherwise requires—

“owner”, in relation to any dwelling, means the person as regards whom the following conditions are fulfilled—

(a)he has a material interest in the whole or any part of the dwelling; and

(b)at least part of the dwelling or, as the case may be, of the part concerned is not subject to a material interest inferior to his interest;

“resident”, in relation to any dwelling, means an individual who has attained the age of 18 years and has his sole or main residence in the dwelling.

(6)In this section—[F3“introductory tenant" means a tenant under an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;]

“material interest” means a freehold interest or a leasehold interest which was granted for a term of six months or more;

“secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the M1Housing Act 1985;

“statutory tenant” means a statutory tenant within the meaning of the M2Rent Act 1977 or the M3Rent (Agriculture) Act 1976.

You may however benefit from a second home discount if the property is furnished, or an exemption if its unfurnished.

Cheers for the replies guys.

So the tenancy was for 6 Months, but the tenancy had finished after 2months as the Agents found new tenants.

What our stance has been since we moved out and we have tried to explain time after time is the property was misrepresented (and that is what we are challenging the Agents for). We are not happy to pay considering it was the misrepresentation from the Agents part that caused this problem in the first place.

@revshelp - can you explain further "You may however benefit from a second home discount if the property is furnished, or an exemption if its unfurnished.", any documentation to read from?

Cheers

Did the new tenants move in as soon as you had moved out? If they did then you are only liable for council tax up until the new tenants moved in.

Did the new tenants move in as soon as you had moved out? If they did then you are only liable for council tax up until the new tenants moved in.

No there was a gap of two months.

Cheers

In that case until you get the problems with the landlord sorted out and get in writing from them when you moved out then you will be liable for the council tax until the new tenants moved in.

Hi,

The main piece of law regarding Council Tax is the Local Government Finance Act 1992, you can read it in its entirety here http://www.legislation.gov.uk. Section 11 and 11A deal with discounts. The so called 'Second Home Discount" varies from 10% to 50% depending on which council area your in.

Certain properties are exempt if they fall into a certain 'Class'.

Class C: a dwelling which is unoccupied and has been so for a period of less than 6 months since the last occupation day and which is substantially unfurnished and has been so throughout that period;

(2) For the purpose of determining the last occupation day, any period of less than 6 weeks within which the dwelling concerned was occupied shall be disregarded.

The Council are obliged to bill the persons who the regulations say are liable and don't have the authority to override this, so they won't give much weight to your dispute withe the Letting Agents. If your taking the letting agents to court, could you reclaim any Council Tax from them as damages?

Thanks for the advice guys it is appreciated!