Council Tax if Tenant Leaves Early

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Ray D
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A Scenario:
A tenant leaves early by agreement, say 3 months into a 6 month tenancy (Checks out but not releived of tenancy obligations). Tenant is to pay rent until the end of the the tenancy period (Or a new tenant moves in if ealrier). If tenant is not living there the council will revert the property back to the landlord for council tax purposes. The Landlord will get a 6 month exemption as things currently stand. Assume after six months the property is still void (Poor I know but it happens), the council would require council tax to be paid even though it is only 3 months since the official end of the tenancy.

Now the council does not care because council tax is based upon occupancy. Can you legitimately claim the three months council tax from the previous tenant. And when would you do this, when he checks out (Just in case you do not find anew tenant within 6 months) or try to claim it of him later (Not much chance of success with this).

Alternatively, could you add into the tenancy that if the tenant leaves early he must register the property as his second home until the formal end of the tenancy? I do not know how you could force him to do htat though?

15/12/2012 00:00

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