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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience:  Over 5 years in practice
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I have a property I own rented out and a tenant pays the council

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I have a property I own rented out and a tenant pays the council tax. It is my only property and is still my mailing address. I have lived for two days a week in another property for 4 months of which I am executor trustee to bring to sale. I have registered and paid council tax on the property. The house is now sold and I have no financial gain from the sale. On informing the council I will therefore, no longer be liable for council tax but the new owners will, the council now demand I tell them the address where I am going to live otherwise they will make me liable for my rented property and not my tenant. Can they do this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you dont want to tell them?
Customer: replied 2 years ago.
I work away from my home City throughout the week and only return on weekends. This has been my 'work' for 14 years. I will be staying with my daughter, on some weekends and others travelling abroad to see my extended family. The council are quite insistent I MUST give an address, I feel I am being bullied. Is it lawful? I will also be staying outside their council area.
Expert:  Jo C. replied 2 years ago.
Their concern is that you will be staying and the target address and they are free to do that.
You will be presumed liable for your rental property. Owners are always the primarily liable person for a rental property. It is only if the Council are satisfied that they are living elsewhere that they consider the tenant responsible.
Their concern here is that your residential address has been sold and the inference is that you are living at the rental property.
It should be simple enough to resolve though by telling them where you are living.
If that is unacceptable to you though then you will be liable for council tax.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Okay. I get what you are saying but are the council acting within the law? If so what is the relevant legislation?
Expert:  Jo C. replied 2 years ago.
Yes.
It isn't a matter of legislation.
The owner is presumed liable unless he can satisfy them another person is. Producing a rental agreement goes some of the way to do so but he also has to prove he is living elsewhere otherwise it is a mixed tenancy and the owner is liable.
Customer: replied 2 years ago.
Thank you Jo. It's not what I wanted to hear but I understand. Thank you for the clarity! Andrew
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience: Over 5 years in practice
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