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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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I am a landlord who lets out a flat. The tenants I had moved

Resolved Question:

I am a landlord who lets out a flat. The tenants I had moved out at the end of April but told the council they moved out on the 3rd. The council will not accept from me they left when they did and want to charge me from the 4th. my tenants had a standard rolling tenancy agreement through an agent
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Do you mean they want to charge you Council tax for that month?

What proof do you have that the tenants moved out on the third?

Do you have a letting agent or anyone else who can vouch for this?
Customer: replied 3 years ago.

Yes they want to charge me from from the 3rd. But our agent informed us thet moved out on the 30th. our agent has emailed the council, but to no avail

Expert:  Remus2004 replied 3 years ago.
There are a few ways of dealing with this.

My suggestion would be to pay the council tax, telling the council that you are paying it under pressure and without believing that you owe this money. That avoids any proceedings being taken by the council.
You then issue Small Claims Court proceedings against the council on the basis that you paid under duress/mistake and you want the money back.

It will be Small Claims Court and it will be up to the judge to decide whether he prefers your version of events (bearing in mind that you have the agents evidence also) or that of the local authority who seem to only have the evidence of the tenant. If you had some other proof of this, so much the better.
This could go either way in court.

There is one other thing you can do if you want to avoid court and that is to make a complaint to the Local Government Ombudsman who will look at the facts surrounding and tell the council to either chase the tenant or that you should pay up. It would assist in dealing with the council if you were to give them the tenants new address because the tenant is actually responsible for council tax wherever they live provided of course they have not moved to a different local authority area.

Can I clarify anything for you?
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