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Non Resident Weekly Periodic Assured Shorthold Tenant Liability

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  • Non Resident Weekly Periodic Assured Shorthold Tenant Liability

    I was a non resident Assured short-hold tenant of a housing association managed property. I moved to another property because a housing officer from my landlord said that my garden wasn't suitable for my children. i carried on with the rent because i needed the social housing property for long term security reasons, not being able to get a proper tenancy anywhere else. I paid my landlord at the new residence the amount of his council tax liability and he paid it to the council. After the six months period ended, it became a monthly periodic tenancy and I began to pay the liability directly to the council. This arrangement continued. The council sought a liability order in my husbands name for the council tax charge at the other property where we couldn't live because of the danger and overcrowding, This matter has now advanced to the enforcement stage. My question is this, if i pay this liability, for which i dispute liability, will i be able to recover the money through some other mechanism.
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  • #2
    Its hard to understadn what you saying

    I was a non resident Assured short-hold tenant of a housing association managed property. I
    what does that meen

    i carried on with the rent because i needed the social housing property for long term security reasons, not being able to get a proper tenancy anywhere else.
    or that

    is it 2 addresses or one, who was overcrowed, were at , what do you meen can not get a proper tenacy




    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

    Comment


    • #3
      Originally posted by illegitimo View Post
      I was a non resident Assured short-hold tenant of a housing association managed property. I moved to another property because a housing officer from my landlord said that my garden wasn't suitable for my children. i carried on with the rent because i needed the social housing property for long term security reasons, not being able to get a proper tenancy anywhere else. I paid my landlord at the new residence the amount of his council tax liability and he paid it to the council. After the six months period ended, it became a monthly periodic tenancy and I began to pay the liability directly to the council. This arrangement continued. The council sought a liability order in my husbands name for the council tax charge at the other property where we couldn't live because of the danger and overcrowding, This matter has now advanced to the enforcement stage. My question is this, if i pay this liability, for which i dispute liability, will i be able to recover the money through some other mechanism.
      First answer - If you clear off the balance now to stop the action continuing then there's nothing to stop you from disputing the council tax liability retrospectively.

      Second answer - I'm getting confused between the two properties. As I understand it in the meantime though with my comments - it is not a particularly straight forward issue.

      Property A
      You left as the garden was too small but kept the tenancy (as a fallback. ?). The council have now issued a liability order for the charge on the property.

      The issue of 'sole or main residence' comes in to it.You retain the tenancy but may not retain the council tax liability - it depends on a) whether you have an intention to return and b) what the status of the tenancy on that property was when you left and what it is now. Whether your husband is jointly liable depends on whether he is joint tenant with you and where his 'sole or main residence' lies (the fact you may or may not have left due to overcrowding/danger is immaterial to the council tax decision).

      Property B
      You moved in and paid the landlord for council tax but after the 6 month AST ended you moved to a monthly periodic and then started to pay the council tax on the property.

      Unless the property was one in which legislation requires the landlord to be liable for the council tax charge you should not have paid the landlord the council tax payments, the council tax liability would yours alone and the council can refund the landlord and pursue you. Never get in this position if you don't have to, I've seen it go expensively wrong far too many times. That being said, see the comment above regarding 'sole or main residence' as it's equally appropriate to this property.


      If you can post here with more information then you should be able to get a better answer.
      Last edited by lgfa92; 19th February 2018, 18:15:PM.

      Comment


      • #4
        Originally posted by lgfa92 View Post

        First answer - If you clear off the balance now to stop the action continuing then there's nothing to stop you from disputing the council tax liability retrospectively.




        Second answer - I'm getting confused between the two properties. As I understand it in the meantime though with my comments - it is not a particularly straight forward issue.

        Property A
        You left as the garden was too small but kept the tenancy (as a fallback. ?). The council have now issued a liability order for the charge on the property.

        The issue of 'sole or main residence' comes in to it.You retain the tenancy but may not retain the council tax liability - it depends on a) whether you have an intention to return and b) what the status of the tenancy on that property was when you left and what it is now. Whether your husband is jointly liable depends on whether he is joint tenant with you and where his 'sole or main residence' lies (the fact you may or may not have left due to overcrowding/danger is immaterial to the council tax decision).

        Property B
        You moved in and paid the landlord for council tax but after the 6 month AST ended you moved to a monthly periodic and then started to pay the council tax on the property.

        Unless the property was one in which legislation requires the landlord to be liable for the council tax charge you should not have paid the landlord the council tax payments, the council tax liability would yours alone and the council can refund the landlord and pursue you. Never get in this position if you don't have to, I've seen it go expensively wrong far too many times. That being said, see the comment above regarding 'sole or main residence' as it's equally appropriate to this property.


        If you can post here with more information then you should be able to get a better answer.

        First answer

        The liability order is solely for my husband. It's for 2116.69. He can't pay. My husband isn't on the tenancy here, but because he is parenting and home educating with me i have him as my partner on my tax return, and he stays with me nearly all the time. When i told the council that i lived here i got a letter for my husband notifying him of the liability. Neither of us lived at the dangerous property or stayed overnight after we acquired the other house. I had to borrow heavily to afford my current residence, but if i had to, to prevent disruptive visits from bailiffs, i could afford to pay 100 a month. Would an arrangement with me be acceptable? Could they refuse?

        Property A Tax band B


        No, a crazy guy arrived at my gate one day while i was alone with all my five youngsters. i had secured my gate because of the dangerous road. I noticed him standing there having a loud conversation with the emergency services describing a situation of child endangerment. He went on to imply that he had been authorized in some way to do a welfare check as my garden was dangerous. Upon immediate reflection perhaps the garden was indeed dangerous from the day we moved in. I borrowed some money went on holiday and looked for somewhere else. But yeah, as it was assured, it seemed prudent to keep as a fallback, in case i was made homeless. I used it to store my stuff, also my brother used it to store my mums gear when she died. The tenancy is now over. We were both tenants up until the last day, but we informed the council the day that we moved to our first new property. we are now on our third band G rated home and were no longer able to afford to maintain the so called social house.

        Property B Tax band G

        I agreed to reimburse the landlord for the council tax. After six months I signed up for it myself with my husband as my partner. After ten months we moved on yet we still retained the tenancy on Property A the Band B cottage. We again moved to a band G rated house

        Comment


        • #5
          it's like a bad dream repeating itself

          Comment


          • #6
            Property A
            This is where it can get (very) complicated. What are the terms of the ongoing tenancy on this property - (e.g. 6 month fixed term then statutory periodic etc)

            Property B
            There's two ways this property can be treated but it depends on whether the council have regarded it as your 'sole or main residence' for the period of not - it makes a huge difference. Presumably you rented the entire property and the landlord was not resident ?

            Additional issues
            The liability order is solely for my husband. It's for 2116.69. He can't pay.
            If he is jointly liable for the council tax charge in the property then they can choose just to pursue him, if they wish.

            I had to borrow heavily to afford my current residence, but if i had to, to prevent disruptive visits from bailiffs, i could afford to pay 100 a month. Would an arrangement with me be acceptable? Could they refuse?
            The arrangement would have to be made with him but as to who physically pays the money, they don't particularly care. There is no requirement for them to accept anything other than full payment.

            My husband isn't on the tenancy here, but because he is parenting and home educating with me i have him as my partner on my tax return, and he stays with me nearly all the time.
            Under s9 of the LGFA 1992 he is jointly liable as your partner, regardless of the tenancy agreement, if his 'sole or main residence' is regarded as being at Property C

            Comment


            • #7
              Its the 2 property thing i dont get. You cant have a back up property unless you paying for both yourself

              How long did you have 2 full tenancys for.

              who was on TC 1
              Who was on TC 2
              What dates did each start - end
              are you claiming seporatly.

              in my opinion. Ct would be due on both, fromn both people. 1 or 2 days/nights a week for a none resident ( that what incurance says ),any more than that, they resident for that week. lgfa92 is the expert on these matters, am just giving an opinion.
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Originally posted by lgfa92 View Post
                Property A
                This is where it can get (very) complicated. What are the terms of the ongoing tenancy on this property - (e.g. 6 month fixed term then statutory periodic etc)

                Property B
                There's two ways this property can be treated but it depends on whether the council have regarded it as your 'sole or main residence' for the period of not - it makes a huge difference. Presumably you rented the entire property and the landlord was not resident ?

                Additional issues

                If he is jointly liable for the council tax charge in the property then they can choose just to pursue him, if they wish.


                The arrangement would have to be made with him but as to who physically pays the money, they don't particularly care. There is no requirement for them to accept anything other than full payment.


                Under s9 of the LGFA 1992 he is jointly liable as your partner, regardless of the tenancy agreement, if his 'sole or main residence' is regarded as being at Property C
                The terms were six months probationary, statutory short hold type, followed by an assured tenancy on a weekly periodic basis. So no material interest if i don't live there.


                “owner”, in relation to any dwelling, means the person as regards whom the following conditions are fulfilled—

                (a) he has a material interest in the whole or any part of the dwelling; and

                (b) at least part of the dwelling or, as the case may be, of the part concerned is not subject to a material interest inferior to his interest;




                And, material interest means:-

                a freehold interest or a leasehold interest which was granted for a term of six months or more [s.6(6)]



                Regards the substitute property, property B, the landlord retained part of the property, the garage, and let part of the property to others for boat storage and launching use. Bills and council tax in the landlords name, although i paid them.

                Even though my husband lived with me, in my property by the river, and I was a joint tenant, until the end, at the two up two down box, the council are treating me differently and not holding me liable. Entirely the same circumstances, different treatment. I won't say it hasn't affected our relationships in the family.

                The thug from the bailiffs agreed to a hundred a month after i told him that the council expressed that they would be satisfied with that. Thanks.

                Comment

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