lanlord claims im liable for council tax with no tenancy agreement

[chantellelou]

i received a letter stating i was liable for council tax 3 months after i had moved out of my old house. my landlord had claimed I had moved out 28/11/2018 (which I made the council aware of my move 4 days after I had) my old landlord does not have a tenancy for me and hasn't since 2015 which he was supposed to give me a new one to sign. he claimed I had disappeared in the middle of the night on 28/11/2018 which I didn't I left in August. the only written proof I have is from the council stating which day I left the property but I don't think the council will accept it he hasn't had to send them any proof of me still been liable they took his word for it. is they anything I can do?

[ostell]

So have you proof, like another council tax bill or a new tenancy agreement, that you were not there.

[chantellelou]

yes I even had a council tax bill sent to my new address in the October to state I had £64 to pay for my old address and the reason for the bill was a liability change but they wouldn't accept it.

[chantellelou]

I was claiming benefits at that address which I received a letter saying it had been cancelled because I had moved.

[lgfa92]

i received a letter stating i was liable for council tax 3 months after i had moved out of my old house. my landlord had claimed I had moved out 28/11/2018 (which I made the council aware of my move 4 days after I had) my old landlord does not have a tenancy for me and hasn't since 2015 which he was supposed to give me a new one to sign. he claimed I had disappeared in the middle of the night on 28/11/2018 which I didn't I left in August. the only written proof I have is from the council stating which day I left the property but I don't think the council will accept it he hasn't had to send them any proof of me still been liable they took his word for it. is they anything I can do?

These ones can turn in right battles if the council don't want to cooperate with your side of the argument. It's dependant on putting across the right argument and getting the council to accept it without needing a valuation tribunal.

It ultimately comes down to s6 of the Local Government Finance Act 1992 (explained in 'Leeds City Council v Broadley' ). On the basis of what you say though you'd appear to have been in a statutory periodic tenancy* . If it was a periodic then council tax liability finished on vacation, irrespective of whether or not the tenancy was actually ended (rent liability and council tax liability do not always sit the same).

(* unless your tenancy was under a contractual term to run after the fixed term and then it's more of a pain)

[chantellelou]

no I had a 6 month tenancy he was supposed to bring a new tenancy to sign which was stated in the old tenancy but he never did. I'm also in a massive battle with the council tax as at first they stated it wasn't because of my old landlord then changed they mind

[lgfa92]

no I had a 6 month tenancy he was supposed to bring a new tenancy to sign which was stated in the old tenancy

In which the case the tenancy would have run on as a periodic tenancy (unless there was a term for it to run on as a contractual tenancy - it make a big difference to council tax liability).

Council Tax legislation doesn't always work in a straightforward or sensible manner. I do battle with them on a daily basis and it's often like banging your head off a brick-wall.

[chantellelou]

his only claim was I had disappeared in the middle of the night on 28th November I had called the council 3rd September to tell them I had moved address. so they no I hadn't done a runner in the middle of the night like he claimed

[lgfa92]

The council will make a decision on the evidence as they see it and it would need to be challenged (to a tribunal if required) - their decision can be challenged but it will be an argument based as much on council tax legislation and case law as anything else.