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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Scenario AST states 'the landlord has agreed to incorporate

Customer Question

AST states 'the landlord has agreed to incorporate both the Council Tax & Water Rates in the rent for the fixed 6 month period of this contract'
Tenancy has been running over 10 years, has been renewed with same wording a few times and is currently periodic.
After some enquiries - the council has no record of the tenants name any where in the area. The property also has no listing on the DirectGov valuation list or the Land Registry.
Question: What legal basis does the AST have under these circumstances?
Many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you?

Are you asking if the AST is legal?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

The answer is yes, it is legal.

It is now a periodic tenancy which means that you have a rolling monthly contract.

The Landlord can ask you to leave with 2 months notice

Therefore the AST is legal yes.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you for your reply.
Can you therefore confirm that, in your view, although the property does not exist on the Land Registry, does not exist for the purposes of Council Tax and the Landlords have not paid any council tax in the Tenants names..
a) the actual legal basis of the tenancy it indisputable
b) the Landlords rather than the Tenants would be persued for any outstanding Council Tax
Expert:  Ash replied 1 year ago.

a) Correct

b) Correct
Does that clarify?

Expert:  Ash replied 1 year ago.

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