Council tax liability

Landlord Expert
By Landlord Expert February 12, 2013 10:11

A tenant whose Assured Shorthold Tenancy expired 07/10/13 told Durham County Council (DCC) that she was moving out the same day. I knew nothing about this. On 14/11/13 the tenant texted me her notice of leaving. When I contacted DCC, the council said that as she had notified them on 07/11/13 that she was moving out, her 28 days notice ended 03/11/13 and that DCC would pay benefits upto and including 03/11/13. The tenant continued to live in our house (we have proof of this by her texts + viewings she was present with up until 27/10/13). All her furniture was in the property and we have a text 01/11/13 stating that she couldnt move out until she got her bond on 03/11/13. We have since found out that her parents were doing up the next house she was moving into and believe that she has told DCC that she was moving into the next property on 07/10/132 or 08/10/13 - hence DCC were now paying council tax on the new property and have refused to pay council tax on our property, even though the tenant was actually carrying out furniture on 03/11/13 and refused to give us keys until this date.
DCC have informed me that as the tenancy period had expired, the tenant was not liable for council tax after 07/11/13. We believed that the tenancy had just moved to a Periodic tenancy (as I have done with several other properties). DCC are admant that I am liable for council tax, yet the tenant was still living in my property on the 03/11/13, whilst doing the other house up. Effectively we have paid for acommodation and storage of possessions, not being notified by DCC that I was to pay council tax until after the 03/11/13 when I received a council tax bill.
Can you please advise how I stand with this. ie am I liable for council tax?
Thank you

Landlord Expert
By Landlord Expert February 12, 2013 10:11

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