Council tax liability

[bramling]

A technical question for those that in the know, for a situation which has cropped up with a relative.

Two people in a relationship which busts up, renting a property on a fixed-term rental agreement. One walks out and stops paying the rent, the other continues living there but only paying their half of the rent (I’m guessing the landlord would be chasing that).

In that situation who is liable for the council tax? Is someone still liable for council tax if they’re still on a tenancy agreement but have to all intents and purposes vacated the property (but with the other person still living there so the property not empty)?

 

[PeterC]

If the landlord is using an off the shelf agreement liability will probably be "joint and several" which makes the remaining tennant liable for the whole rent. You need to read the agreement to be sure.

The remainng resident is liable for council tax. As a sole occupant they should inform the local authority to claim the single occpancy discount (25%)

It costs more to live alone, there is no way out of it.

 

[bramling]

If the landlord is using an off the shelf agreement liability will probably be "joint and several" which makes the remaining tennant liable for the whole rent. You need to read the agreement to be sure.

The remainng resident is liable for council tax. As a sole occupant they should inform the local authority to claim the single occpancy discount (25%)

It costs more to live alone, there is no way out of it.

Okay thanks for that. I was erring towards the idea that the liability likely falls on the remaining tenant. Obviously it muddies the waters that neither tenant is being particularly helpful to the other regarding the arrangements!

 

[big all]

you also need to know whos name is on the rental agreement as they are the only ones that will be liable and chased for rental costs
as said council tax will be 25% reduction for sole adult occupation if no other adults are present if there name is noted or on the electoral roll at that address they are or may still be connected and fully or jointly responsible for all the council tax so fully need to amend the records to remove there connection to the property

 

[Bald Rick]

Exactly this happened to me many years ago. As PeterC says:

Rent - the remaining tenant will be liable for all the rent

Council Tax - the remaining tenant will be liable for it, but can claim a 25% discount as a sole occupier.

 

[ainsworth74]

Up until the point at which ex-partner moved out there was joint and several liability for Council Tax (i.e. the Council could pursue both for the full bill). After they move out the ex-partner ceases to have any liability for the property no matter whether they're on the tenancy or not (but they may still be liable for rent). The person remaining behind therefore becomes liable for the full remainder of the bill (which by this point in the year may not be that much as many Councils ask you to pay the years bill over ten months rather than twelve) however as they now live alone they can have the bill discounted by 25% from the point at which the ex-partner moved out.

They do remain liable for the rent (and unless the landlord is a fool it will also be joint and several) but if they don't pay there's no massive downside for them (they can't be evicted from a property they don't live in!) so from their perspective if they really wanted to be difficult they'd just stop paying (obviously their credit score could be affected and the landlord could give a bad reference but any arrears that they owe wouldn't be classed as a priority debt). The resident however remains liable for the full rent and could be evicted so for them it's a much more serious issue!

 

[DarloRich]

Up until the point at which ex-partner moved out there was joint and several liability for Council Tax (i.e. the Council could pursue both for the full bill). After they move out the ex-partner ceases to have any liability for the property no matter whether they're on the tenancy or not (but they may still be liable for rent). The person remaining behind therefore becomes liable for the full remainder of the bill (which by this point in the year may not be that much as many Councils ask you to pay the years bill over ten months rather than twelve) however as they now live alone they can have the bill discounted by 25% from the point at which the ex-partner moved out.

They do remain liable for the rent (and unless the landlord is a fool it will also be joint and several) but if they don't pay there's no massive downside for them (they can't be evicted from a property they don't live in!) so from their perspective if they really wanted to be difficult they'd just stop paying (obviously their credit score could be affected and the landlord could give a bad reference but any arrears that they owe wouldn't be classed as a priority debt). The resident however remains liable for the full rent and could be evicted so for them it's a much more serious issue!

This is spot on. I can add nothing further whether from professional or personal experience

 

[Tetchytyke]

Up until the point at which ex-partner moved out there was joint and several liability for Council Tax (i.e. the Council could pursue both for the full bill). After they move out the ex-partner ceases to have any liability for the property no matter whether they're on the tenancy or not (but they may still be liable for rent). The person remaining behind therefore becomes liable for the full remainder of the bill (which by this point in the year may not be that much as many Councils ask you to pay the years bill over ten months rather than twelve) however as they now live alone they can have the bill discounted by 25% from the point at which the ex-partner moved out.

They do remain liable for the rent (and unless the landlord is a fool it will also be joint and several) but if they don't pay there's no massive downside for them (they can't be evicted from a property they don't live in!) so from their perspective if they really wanted to be difficult they'd just stop paying (obviously their credit score could be affected and the landlord could give a bad reference but any arrears that they owe wouldn't be classed as a priority debt). The resident however remains liable for the full rent and could be evicted so for them it's a much more serious issue!

Yup.

The main thing to repeat is that joint and several liability doesn't split the debt 50/50, each party is liable for 100%. This means the person still living there needs to pay 100% if the former tenant stops paying.

For council tax, a new bill will be generated from the date the former tenant moved out. The tax before that date is joint and several liability, afterwards only the remaining tenant is liable (and may be entitled to a 25% single adult discount).

The tenant still living there needs to come to Citizens Advice for money and benefits advice if they can't afford it.

 

[bramling]

Thanks everyone for the replies; very helpful.

 

[hooverboy]

A technical question for those that in the know, for a situation which has cropped up with a relative.

Two people in a relationship which busts up, renting a property on a fixed-term rental agreement. One walks out and stops paying the rent, the other continues living there but only paying their half of the rent (I’m guessing the landlord would be chasing that).

In that situation who is liable for the council tax? Is someone still liable for council tax if they’re still on a tenancy agreement but have to all intents and purposes vacated the property (but with the other person still living there so the property not empty)?

who signed the lease?
the person with the signature on the contract is liable-basically for both rent and council tax

if both parties signed jointly,then the liablility also split jointly.
you could possibly mitigate some of the loss via council tax if you inform the council the domicile is now single occupancy, which would mean 75% council tax instead of 100%,but only applicable from the date of application.
it can't be reimbursed retrospctively.

Ainsworth74 pretty much nailed it.