Council Tax and Tenancy Agreement Problem

[JerCastle]

My question is: When does tenancy end?

Does it end when the date that the rent has been paid up to has comes or does it end when the 30 day notice period comes.

I realize that the two normally coincide, but in our case, they did not. We informed our letting agency in the middle of May 2011, that we had to move out on the 25th of June 2011, yet we were till forced to pay our normal rent until the 12th of July.

After months of email, the tax office finally communicated with our letting agency, and the letting agency told them that our agreement ended on the 12th of July yet our letter to them informed them that our final day would be on the 25th of June. So, they want us to pay an extra £44.81.

I am unable to find out which takes legal precedent here, if they are not in synch; the 30 day notice period or the date that rent was paid up too?

Anyone here know the answer?

Appreciate the help.

Jeremy

[Sapphire]

Re: Council Tax and Tenancy Agreement Problem

I would think that the date would be the one on the agreement, but I am sure someone will pop along and advise further.

[JerCastle]

Re: Council Tax and Tenancy Agreement Problem

Our agreement was for a 6 month initial lease, and then month to month after that with a 30 day notice period to move out. We gave our 30 day notice period in plenty of time(more like 45 days) yet because they wouldn't let us pay only 2 weeks of rent, we went ahead and paid until the 12th of July, even though our notice period ended on the 25th on June.

[labman]

Re: Council Tax and Tenancy Agreement Problem

I think if you've paid the full contract period as well, it is unfortunately going to be much harder to persuade the tax office any different. Your best bet might be to pop into your local one and actually explain in person with all paperwork to hand.

[Crazy council]

Re: Council Tax and Tenancy Agreement Problem

eerm,,, depends, as a rule , if its a privatre property ( not comercial ) then after your first six months, your contract automaticaly turned into a periodic tenancy ( assured shorthold tenancy ) ( after 1997 ). If this is the case, you have to give 8 weeks notice, regardless of the date you move out. The dates do seem to line up with the 8 week rule.

Anyone else reading this should also consider that you have to give notice in writing nd be able to prove that, the 8 weeks notivce starts at the begining of the next full week after the agents recive it.

[titch2k6]

Re: Council Tax and Tenancy Agreement Problem

First things first, the legal stuff. The relevant Acts relating to this post are the Rent Act 1977 and the Housing Act 1988. Your tennancy started as an Assured Shorthold Tenancy and then moved to a Monthly Periodic Tennancy.

A periodic tenancy automatically follows the fixed-term if the parties do nothing (i.e. they do not sign another agreement) and the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative.

Legally, where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if they want to leave, and:

• The notice must be in writing
• It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
• It must bring the tenancy to an end at the end of a full rent period.

What date exactly did you give notice in May? If it was after the 12th (which I am presuming was your monthly rent payment date), then unfortunately, by law, you are liable for the rent until 12th July.

So, let me explain why - If you issued a 1 month notice on the 14th May, it would have expired on the 14th June. However, this is 2 days beyond the rent payment due date for that month and you now fall within July's rent period. As required by Law, you must bring the Tenancy to an end at the end of a full rent period, and this is why you will be charged rent until the 12th July.

Hope this explains it.