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    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
    • Tie him to a chair with Gaffa Tap.... Sorry thinking out-loud there Keep me posted  
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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?

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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.


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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.

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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.

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The landlord is taking the p*ss


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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

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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.

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


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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


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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.

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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.

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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.

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