Jump to content


  • Tweets

  • Posts

    • urm the link in my post…..
    • Hi, where do I find the standard sticky please, I’ve looked but I think I am missing it 🙄
    • Hi Rei and thanks for the update.   Your post confirms what we're telling folk all the time - Harlands/CRS, Zinc and their pet "solicitors" continue to make demands but they fail to do anything substantial to back up their threats.   Hence our continuing advice to NOT respond to demands by letter, email or phone, because they'll do nothing that will affect your credit rating, or that will force you to pay.  
    • Hi GHL and welcome to CAG   You now have your own thread to use from here on ( to avoid hijacking someone else's thread where you first posted).   I assume there were 2 separate m/ships and not a joint m/ship, but please confirm.   I hope you've read other threads here which should help you understand how Harlands/CRS operate. They use every opportunity to make far more money from missed payments and penalty fees, than what they make from taking a percentage fee from ongoing monthly gym fees.   Yours was a rolling monthly m/ship so you only needed to give them notice to quit but there was no minimum 12 month term. Hence all you owe them is £19.99 each.   Write a letter to Harlands, each of you :- 1. Offering to pay the £19.99 for the notice period you failed to give 2. Offer valid for 14 days only. 3. Offer withdrawn if they fail to accept, or if they demand any higher amount.   Post a draft of your letter here first so we can check it.    Letter(s) should be sent from the PO and get a free Certificate of Posting from the PO Counter.  
    • King I fully understand the mother was living there on her own and only one named on the tenancy agreement.   As for your comment that after informed of the passing in a few days they pack tenants belongings and store them and change the locks this I completely disagree with.   In my are the different HA (and there are many) in a scenario like this will:   Communicate with the executor/family member once informed of bereavement informing them of any succession rights, property to be handed back ( 28 days on being informed of above) if unable to must notify the HA to ask for an extension.   After the 28 days if no contact the HA will then follow its Abandonment Policy.   If contact made after 28 days and no extension has been granted HA will then go to court to claim property back.   Once this is done and no contact off to court to claim property back only then will the enter the property unless in an emergency or legally required i.e. gas safety inspection even then may need to go to court for that to get access.      
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 187 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all,

 

Back in August, I've notified my local council that I have vacated the property, and moved to Spain.

 

My tenancy agreement terminates in Feburary 2019, although I paid the remainder to the landlord, the council told me that I'm still liable to pay council tax (covering the period up to 31/03/2019) even if I no longer live in the property, unless someone else moves in.

However the landlord has decided to put the property for sale and is struggling to find a buyer.

 

Since I have set up a post redirection service, I have received a CT summons letter on my new address in Spain.

It states that if I don't pay, I will have a liability order against me.

 

I've read somewhere that if the landlord accepts the keys back, I'm no longer liable for paying council tax.

 

Is this true?

Share this post


Link to post
Share on other sites

Absolute nonsense, the day you leave a property is the day you are no longer liable for CT on that address. It sounds like your landlord is telling lies to the council or this is a summons for past Council tax.

Share this post


Link to post
Share on other sites

The council are correct in that you can remain liable as you still hold a tenancy on the property - it's not as simple as people often think (what tax legislation is ?).

 

Unfortunately you have to consider the aspects of Leeds v Broadley where it was confirmed that a non-resident tenant can fall to be the 'non-resident owner' under council tax legislation as per s6(2)(f) of the local government finance act 1992.

 

To be regarded as the 'non-resident owner' you need to hold a material interest of 6 months or greater - most tenancy agreements will meet this without an issue to the end of the fixed term (usually 6 or 12 months). After the fixed term ends and the tenancy rolls on then, for any periods where you are not resident, whether you continue to hold a material interest or not depends on the exact terms of the tenancy.

 

Where you are regarded as the non-resident owner for council tax purposes then that status continues until someone else falls liable under s6(2) of the local government finance act 1992 - usually by the end of tenancy but the liability can be broken in other ways.

 

Has the landlord accepted early surrender ?, if not the tenancy would continue until it is ended by the terms of the tenancy.

Share this post


Link to post
Share on other sites

The Landlord has just accepted the keys back, he's re-decorated the flat and advertised it for sale. I've just noticed it's now available to let as well.

Share this post


Link to post
Share on other sites

landlord likely hasnt updated the council.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Please bear in mind that I didn't give any notice (my bad) but I've posted the keys + garage fob, and I've got an email confirming that he's received them.

However I don't have anything in writing confirming tenancy surrender, but technically anyone could be living in the flat.

Also, I've released the deposit to him as compensation for not giving notice.

 

I reckon I should ring the council and explain?

Should I provide my Spanish forwarding address considering I don't live in the UK anymore and I don't intend to return (except for holidays).

I've received the court summons only because of the redirection service.

Share this post


Link to post
Share on other sites

Please ring the council and tell them you moved on XYZ date. If they want proof, send it to them.

Share this post


Link to post
Share on other sites

How long did your tenancy last ?

 

If longer than 12 months then you became a secure 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 [F5, 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.

 

http://www.legislation.gov.uk/ukpga/1992/14#commentary-c12072881

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
How long did your tenancy last ?

 

If longer than 12 months then you became a secure 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 [F5, 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.

 

http://www.legislation.gov.uk/ukpga/1992/14#commentary-c12072881

 

 

Andy

 

The last contract is a 6 month contract. The previous one was 12 month on the same dwelling.

I think it is a matter of interpretation, bottom line is I don't have access to the apartment anymore.

Share this post


Link to post
Share on other sites
How long did your tenancy last ?

 

If longer than 12 months then you became a secure 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 [F5, 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.

 

http://www.legislation.gov.uk/ukpga/1992/14#commentary-c12072881

 

 

Andy

 

That applies only whilst resident. Otherwise a non-resident tenant can only be liable under s6(2)(f) of the local government finance act 1992 - this is what the issue clarified in the court of appeal case of Leeds CC v Broadley was about.

Share this post


Link to post
Share on other sites
The last contract is a 6 month contract. The previous one was 12 month on the same dwelling.

I think it is a matter of interpretation, bottom line is I don't have access to the apartment anymore.

 

If you're no longer a tenant then you cannot be liable - if you're a non-resident tenant then the issues I pointed out in post #3 applies. You need to speak to the council and clarify the situation.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...