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  • Tenancy end date disagreement

    Hello everybody,
    I wonder whether anyone is able to offer some advise about a little issue which has occurred?

    Basically, I was fortunate enough to have moved out of rented housing association (HA) accommodation on the 3rd of September this year after being a tenant for over 15 years. I sent this email to them on 11th August ...'Hi,
    How do we give immediate notification that were moving out. We plan to leave the end of August.
    Greg.'

    They replied on the 14th August 'Thank you for your email.
    So I can assist you further and help you with all your queries, would you be able to provide me with your full address?
    I am confident I can help you and point you to the right direction.
    Please get in touch if you have any further questions in the meantime, I will of course be more than happy to help you.'
    I replied with the requested info immediately, then nothing. I chased again on the 20th August, and again on the 29th August stating 'As previously mentioned. We're moving next week.'...still no reply!

    It basically went crazy from there on in, with the move, removals, work, solicitors etc I may not have followed it up as thoroughly as I should of. We've moved in and started to settle, leaving our turbulent past behind, when I receive a letter for the previous local council asking for unpaid council tax for September. I called them as obviously there was some kind of error and they've said they had confirmation from HA that the tenancy ended on the 6th October and I owe them the council tax for that month, I tried to explain but they insisted I go back to the HA. I immediately contacted HA and they said they would look into it. We've been toing and froing ever since and I've started an official complaint with them but they're not contacting me back. I asked for a copy of their complaints procedure and anticipated duration, they said they didn't have it available. I'm beginning to lose patience with them and fearful I'll be landed with a court order for non-payment of council tax.

    Additional, last week I received an email from our old energy provider asking for payment, 'Your remaining outstanding balance for imminent payment is £72.52. You can view this on your online account for **** from 12/02/2018 to 06/10/2019'. I had, prior to moving, gone through their online process, completed my final meter reading and paid what I thought was a final bill. I showed them the email above as 'proof' of us leaving the premises and asked them to chase the HA for payment. They said the email was not an 'official document' that they could accept, I asked for a list of what they would consider an 'official document' and am still waiting their reply!

    If anyone has got any advise it would be greatly received, especially the part about non-payment of council tax!

    Best wishes

    Greg.


  • #2
    Hello

    This may depend on the terms of your tenancy agreement with the Housing Association.

    Was there a clause about how much notice you needed to give to end the contract?

    Some (most) tenancy agreements include a clause that states the Tenant is responsible for the Council Tax and all utilities during the term of the agreement.

    Even if you vacated the property earlier than your contract allowed (we don't know that yet) you may still have to pay the utility providers' "standing charge" even though no gas/electricity/water etc was used despite you proving meter readings.

    However, depending on your Local Authority, it may be possible to claim a one (or more) month's Council Tax exemption for an empty property.

    Was this an Assured Tenancy or an Assured Shorthold Tenancy ?

    > https://england.shelter.org.uk/housi...g_associations

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Hello Di,

      Thank you for getting back to me. The tenancy agreement is an assured tenancy.

      Ending the tenancy clause states 'To give the association at least four weeks' notice in writing when the tenant wishes to end the tenancy. All keys must be returned promptly at the end of the tenancy.'

      There are utility charges for power usage after we vacated, it is the difference between our original final meter reading and I guess the new tenant moving in on the 6th October. The standing charge is £7.43.

      best wishes
      Greg

      Comment


      • #4
        Originally posted by gregco View Post
        have moved out of rented housing association (HA) accommodation on the 3rd of September this year after being a tenant for over 15 years. I sent this email to them on 11th August ...'Hi,
        How do we give immediate notification that were moving out. We plan to leave the end of August.
        Greg.'

        They replied on the 14th August 'Thank you for your email.
        So I can assist you further and help you with all your queries, would you be able to provide me with your full address?
        I am confident I can help you and point you to the right direction.
        Please get in touch if you have any further questions in the meantime, I will of course be more than happy to help you.'
        I replied with the requested info immediately, then nothing. I chased again on the 20th August, and again on the 29th August stating 'As previously mentioned. We're moving next week.'...still no reply!

        It basically went crazy from there on in, with the move, removals, work, solicitors etc I may not have followed it up as thoroughly as I should of. We've moved in and started to settle, leaving our turbulent past behind, when I receive a letter for the previous local council asking for unpaid council tax for September. I called them as obviously there was some kind of error and they've said they had confirmation from HA that the tenancy ended on the 6th October and I owe them the council tax for that month, I tried to explain but they insisted I go back to the HA. I immediately contacted HA and they said they would look into it. We've been toing and froing ever since and I've started an official complaint with them but they're not contacting me back. I asked for a copy of their complaints procedure and anticipated duration, they said they didn't have it available. I'm beginning to lose patience with them and fearful I'll be landed with a court order for non-payment of council tax.
        From the way you describe things it seems you may not have given the required four weeks' notice in August.

        You sent the HA an email asking how you should give notice, which is different.

        They replied asking for your address which you hadn't given them in your email (I presume).

        You gave them your address but did you also give the necessary four weeks' notice ("in writing")?

        Even if you did give notice you would still have been 'in possession' of the property until you handed back the keys. Did you do that in person and have you noted the date because that may be from when the 4 weeks' notice clock started to tick.

        Bills after the formal end of the tenancy should then be the responsibility of the HA or the next incoming tenant, not you.

        I hope you're happy and settled in your new home in time for Christmas

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment

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