Council tax liability on repossessed property
Possession - Section 8 and Section 21

Adele
Adele
0 Thanks
3 Posts
2 years ago
0

Apologises that this is quite long but you need to know some background information.
I took possession action due to persistent non payment of rent in Autumn 2019. Possession was under S21 rather than S8 as advised by my solicitor. I obtained a court order on 27 March 2020. the tenants appealed which was dismissed on 23 April 2020. They however remained in occupation.
Due to covid the Government legislated to ban possession proceedings and evictions which continued throughout 2020 albeit for a small window for ant-social and criminal behaviour cases.

It appeared to me in Autumn 2020 that the tenants had vacated with very few belongings in the property. They had not given notice or returned keys. I therefore took action on grounds of abandonment starting Dec 2020, taking possession 2 March 2021. This was against my solicitors advice who kept saying to wait for the courts. This however seemed a never ending game.

Following taking possession I put the property on the market and sold it to help clear our covid-related debts. During this time I paid the Council tax.

The Council are however pursuing me for a further £1027.68 Council tax on the basis that there was an order for possession (27/3/20) which brings the contractual tenancy agreement to an end. Therefore the tenants are not liable for council tax beyond their vacation (which they are claiming was Aug 2020). The council goes on to say that obtaining possession through legal means is not the same as Council tax liability.

Can you give me any advice on my council tax liability or useful information/advice resources.

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.