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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Assigned a lease 2 years ago the new tenants went under and

Customer Question

assigned a lease 2 years ago the new tenants went under and the property is now up for rent.I have had no requests from landlord but just received a business rates request for some reason.Told at the time of assignment by solicitor there was no provision in agreement for me to be liable if the new tenant went under.Why would the council be able to request business rates or is this a mistake?
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Just to confirm you have it in writing it was assigned? Did you have to guarantee the new tenant?
Customer: replied 8 months ago.
it was assigned by solicitor who said that the usual clause making myself liable in the case of default by new tenant had been missed out which meant that I was in the clear.It was an off licence and the new tenant put the licence in their name
Customer: replied 8 months ago.
hello.not sure if you are still there
Expert:  Ash replied 8 months ago.
Ok. Well in that case you are not liable. You are not the tenant and as such you have no liability for the Council Tax. That is a matter between the council and the existing tenant.Its nothing to do with you, especially if you did not provide a guarantee to the Council for the rates.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
just seems strange that the council after all this time are trying to get business rates when the property has been assigned.Any circumstances where their request would be justified?
Expert:  Ash replied 8 months ago.
No. Unless you guaranteed it for them. Does that clarify?Alex
Customer: replied 8 months ago.
so once assigned the council under no circumstances can request business rates?
Expert:  Ash replied 8 months ago.
No, its the new tenants liability. They are just trying it on.Does that help?Alex
Customer: replied 8 months ago.
yes thank you
Expert:  Ash replied 8 months ago.
Great. If I could ask you to rate my answer before you today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex

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