Landlord responsibility to notify LA of new tenancy?

Landlord responsibility to notify LA of new tenancy?

9:48 AM, 2nd August 2022, About 2 years ago 25

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Can anyone advise, please? I had a new tenant move in some time ago. I advised the tenant that he had 4 weeks to notify the Local Authority of his responsibility for Council tax.

However, he has only managed to pay for some months’ council tax and not others.

Unfortunately, I did not notify the Council of the new tenancy. He fell into arrears and the Council are taking me to Court for unpaid Council tax!

Was it my responsibility to notify the Council of the new tenancy?

Can the council pursue me for the tenant’s non-payment?

Many thanks

Philip


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John Mac

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17:24 PM, 2nd August 2022, About 2 years ago

Ah, its the way you wrote it, taking it off the rent so it cost nothing.

Graham Bowcock

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17:28 PM, 2nd August 2022, About 2 years ago

We always notify the Council on change of occupier. Strictly speaking the tenant is liable from the day they move in (as for all utilities), but if they fail to do so then whoever had the bill before will continue to be billed.

Look at it this way, if you sold your own house, you would tell the Council and utilities wouldn't you, so as to end your account. Same goes for let houses where you're named on the bill.

Beaver

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17:58 PM, 2nd August 2022, About 2 years ago

Reply to the comment left by Graham Bowcock at 02/08/2022 - 17:28
Absolutely right: I do the same for utilities companies because although I use an agent I don't commit to the agent at the end of the tenancy until the agent has found me a new tenant (and if the agent doesn't find me a new tenant in an acceptable period I change agent). Writing to the Council tax/electricity/gas/water people yourself and keeping a copy saves money and costs you nothing.

Gunga Din

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18:32 PM, 2nd August 2022, About 2 years ago

In my experience (Hartlepool) the LA will try to go for the easiest target if there is a debt, in the hope that the LL will cave in.

C Tax liability, as they've quoted to me a few times, is a hierarchy of five categories of person, topped by the resident/tenant.

Reluctant Landlord

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12:09 PM, 5th August 2022, About 2 years ago

i always email the council after the official date the tenant moves out. I say official as the ones that do a bunk are still liable for a month after the day they are found to have left and maintain liabiltiy until the end of the contracted period (which includes a months notice)

Council have questioned this once and when they did want to see a copy of the contract that stated it I sent them the page it referred to.

My CT liability is then only after this date until a new tenant moves in. As it should be. Be default the council have no forwarding address as they haven't left one, so up to them how to follow that debt up.

Reluctant Landlord

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12:10 PM, 5th August 2022, About 2 years ago

Reply to the comment left by Gunga Din at 02/08/2022 - 18:32
have you got a copy of their reply stating that ? - be good to keep in the filing bank for any possible future use....

philip cox

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16:12 PM, 5th August 2022, About 2 years ago

Thank you all who have commented on my issue with North Somerset Council.
They have withdrawn the summons and admitted I am not responsible for the CT and have, eventually after many months, discovered that the person who has been paying the CT is actually the tenant!!!

Crossed_Swords

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8:14 AM, 6th August 2022, About 2 years ago

That's good news but next time just tell them. A quick email will do as soon as you have a move in date and new names

Seething Landlord

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10:55 AM, 6th August 2022, About 2 years ago

Reply to the comment left by philip cox at 05/08/2022 - 16:12
Our properties are all in the North Somerset Council area and it is our normal practice to notify them by email when there is a change of tenant, specifying the dates on which the outgoing tenant ceased to be responsible for CT and on which the new tenant became responsible, also acknowledging the period during which we are responsible if there is a gap. None of this has ever been queried by the council or given rise to any problems.

Sue Winstanley

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19:49 PM, 7th August 2022, About 2 years ago

I always notify LA when my liability ends and a new tenancy agreement begins but are we not constrained by Data Protection Act as far as names are concerned? I tend to comment on this with LA and they accept that I cannot disclose names.

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