Council Tax following abandonment
Other

Tony A
Tony A
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8 Posts
8 years ago
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Using the RLA AST when the fixed period ends it becomes a statutory periodic. The old agreement created a contractual periodic. There appear to be two problems with a statutory periodic.
1 Local authorities have used the stop start nature of the agreement as a grounds for saying that the agreement has been interrupted and a tenant who has abandoned the property under a statutory periodic is no longer in residence and thus the owner is liable for Council Tax under the CT liability hierarchy. See Macattram v Camden London Borough Council (2012) QBD (Admin) http://www.valuationtribunal.gov.uk/Libraries/VIP_Newsletters/VIP_-_Issue_26.sflb.ashx
2 for the same reasons deposit protection prescribed information may need reserving under an SPT but some (Including Alan Ward) think that this would not be required under a contractual periodic tenancy.

What are the relative pros and cons of creating statutory versus contractual periodic tenancies at the end of the fixed period please?

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