rented flat, now moved out, aagent says i'm still responsible for CTAX! even though i have no keys!!

[pammiec]

Hi everyone.

I'll try not to make this too long winded, though it's quite complicated.

 

My husband and I sold our house in June, split up and I bought a flat with my half of the proceeds.

 

There was a 2 month gap between leaving the old house and my new flat being ready, so I rented privately in the meantime.

 

I had to take out a 6 month tenancy (I paid the 6 months rent up front to speed things up

) and explained to the estate agent that I would only be staying 2 months or so until I moved into the new place.

They were happy to agree to this. I know I've thrown 4 months rent away, but unfortunately I had no other option.

 

I left the rented flat 2 weeks ago,

handed the keys back to the estate agent and moved into my new place.

 

I rang the estate agent this morning to ask about getting my deposit back and she told me I wouldn't get it until the tenancy runs out in December

or until it's let to a new tenant (it is being advertised for let now).

 

Fair enough, but she then went on to say that I still had to pay council tax and am responsible for the flat until they get a new tenant or the tenancy ends, whichever comes first.

 

I didn't know anything about this and can't afford to pay 2 lots of council tax each month.

 

Also, I thought that council tax was only payable if a property was occupied.

 

And finally, how can I reasonably be expected to be responsible for somewhere when the keys have been taken off me?

 

If anyone can advise me on this I'd be very grateful.

 

pammiec

[fkofilee]

Contact the council and inform them... Which council is it?

[pammiec]

It's Herefordshire Council. Just found a hierarchy of who's responsible for council tax on the CAB website. After RESIDENT tenants and other residents (e.g. squatters) it's the owner. And I'm not a resident tenant any more.

[raydetinu]

If they have taken the keys off you then as you say how can you be resident, and pay the council tax. let council know you have moved out.

You need to put it in writing that you have left, but realise you are responsible for the rent until end of contract or re let. Keep an eye on the let, as they cant get paid twice for the rent if let again.

Was deposit protected.

I presume you have cancelled the utilities as well.

[pammiec]

Thanks for the reply raydetinu. As I said, I paid the 6 months rent up front as I needed somewhere in a hurry and couldn't get a shorter term let. If I get any of it back that'll be a bonus, but I'm not expecting to! I informed the utilities that we were moving and cleared the final bills and also told council tax department of the change of address. I think maybe my best option is to do nothing at the moment and just see what happens.

[pammiec]

Ok I've now had a council tax bill for the flat I vacated. Rang the council, who say that I am responsible according to my tenancy agreement (estate agent sent them a copy). They understand my point of view, but said I need to go back to the estate agent to sort it out.

The flat is being advertised as To Let and has been since I moved out, but no takers yet. I'm wondering if my best bet is to tell the estate agents I want the keys back and for them to stop advertising the flat until my tenancy's up at the beginning of December. It won't benefit me and I'll have to pay the council tax on it, but at least it'll stop the landlord getting 2 lots of rent for it! Does anyone have a better idea?

[raydetinu]

Yes I suppose they are correct as you have taken responsibility for the flat, even though not resident, however you can get a reduction if empty, 25 or 50% I think.

Maybe an idea to keep an eye on the flat as you technically responsible for its condition until re let or tenancy ends; so yes get Keys back or come to some arrangement with agent.

Also they should let you know and get your permission if they are going round to the flat for viewing etc.

[Steve__M]

Is the flat furnished? If there is no furniture in it then it may be that your council does not charge.

 

There may be other ways in which the charge can be nullified or reduced. But I think different councils have different rules.