Who legally has to pay Council tax on 6 months SHAtenacy that runs onto 2 months notice periodic
Rent Arrears

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2 Posts
7 months ago

My X tenant left not giving notice, which is clearly stated he must do in writing. He left owing 2 months rent and he will not pay the council tax. LCC are now taking me to court to pay this council tax, because they say I am the landlord and therfore liable quoting the the judgement made in the High Court case MacAttram v London Borough of Camden.

Tenant would not re-sign a new 6 months short hold assured agreement, but on his previous agreement it clearly states it rolls onto 2 months notice in writing, 2 months rolling period tenancy and that he is responsible for the council tax. 

LCC said I would have to take him to the small claims court to get the ctax back but I have to pay them, but they will not give me his new address even though they know this address becuas of data protection. 

I do have his work address.

Magistrates hearing is now booked in Dec and I am told I have to attend on the telephone. 

ANy advice on this? I dont think I am responsible for his Council tax and I am wondering that whilst at the magistrates court I could insist I am given his home address t osend small claims court action to, if they say I ahve to pay the tenants council tax. 

Would I be best to pay the council tax and avoid court? Or should I go to court and fight my corner? Its soemthing that LCC council tax department periodically come up against me on, and they are getting more agressive about persuing payment from landlords even though a legal agreement was signed by the tenant. 

How to stop this happening in the future, how to do this when the white paper becomes law?



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