Question re: renting property and council tax

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Charmless Man

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Reet, I'm currently renting a property with my girlfriend. It's about halfway through a 6 month assured shorthold contract. I have to move to Newcastle next week to start a new job and will obviously not be paying rent on this place (my girlfriend could afford it by herself before I moved in).

If I recall correctly, having my name removed as a joint tenant would normally involve entering a new 6 month agreement with the landlord which is just not on the cards, my girlfriend has had an offer accepted on a flat of her own and is moving asap.

So my questions are:

- Does it matter if my name is still on the tenancy agreement for the last few months? I know that makes me legally liable for the rent, but the reality is that's an issue between me and my lass and I don't for a moment suspect she's going to start asking me for loads of money. AFAIK it will make no difference to me being able to rent another property?

- What are the implications on council tax? Prior to me moving in she received single person's discount on that. If I'm demonstrably living, working and paying council tax elsewhere, will she be able to receive a discount again despite my name being on the tenancy?
 


The tenancy agreement, as far as I know, is not directly connected with council tax. She should be able to apply for a discount as you are no longer living there and you can set up at your new place. Shouldn't matter that you are named on the agreement.
 
I dont think the council look at tenancy stuff
We rented when our new build wasnt ready,signed for 6 months and thanks to the landlord walked away on 4 months,didn't do any paperwork.I got straight onto council to stop paying CT.The double tenancy would come down to whether you're good for it i suppose ?
Cant imagine its a massive amount saved just to do it above board
 
JAZZMANB said:
I dont think the council look at tenancy stuff
We rented when our new build wasnt ready,signed for 6 months and thanks to the landlord walked away on 4 months,didn't do any paperwork.I got straight onto council to stop paying CT.The double tenancy would come down to whether you're good for it i suppose ?
Cant imagine its a massive amount saved just to do it above board
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Unsure what you mean by that?
 
Tell the council you've moved out, and send a photo with proof of your new address (tenancy agreement, bill etc). Council should be ok.

Wouldn't bother telling the current landlord if you're ok with that.
 
PTR said:
Tell the council you've moved out, and send a photo with proof of your new address (tenancy agreement, bill etc). Council should be ok.

Wouldn't bother telling the current landlord if you're ok with that.
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He already knows I'm moving out like as he's been round a fair bit recently (next door are a set of pigs that have caused damp problems to seep into this house from theirs and he's been checking on that) and we've chatted about all sorts of stuff. Ideally we would change the AST agreement to just have her name on it but I'm genuinely not sure you can do that. Wanted some advice before contacting the letting agents tbh.

JAZZMANB said:
Just Re read and the issue is your lass signing another 6 months so ignore that
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There may be a slight issue with financial checks on a new tenancy as I'm still jointly and solely liable for a substantial amount of rent. However, the worst that would happen - I believe - is that they'd ask for a guarantor.
 
You can hold as many tenancies as you want at the same time.

The hierarchy of council tax liability sets out who is liable for CT. As joint tenant you would remain jointly and severally liable for CT with your lass until the tenancy is terminated. If she didn't pay it you'd be on the hook.

Doesn't stop her claiming single person discount so long as you can prove your main residence is elsewhere.

My bill is in the post.
 
Charmless Man said:
He already knows I'm moving out like as he's been round a fair bit recently (next door are a set of pigs that have caused damp problems to seep into this house from theirs and he's been checking on that) and we've chatted about all sorts of stuff. Ideally we would change the AST agreement to just have her name on it but I'm genuinely not sure you can do that. Wanted some advice before contacting the letting agents tbh.



There may be a slight issue with financial checks on a new tenancy as I'm still jointly and solely liable for a substantial amount of rent. However, the worst that would happen - I believe - is that they'd ask for a guarantor.
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Aye,you could say you've been paying your lass nowt on the one you're in,though they may check.Not sure how thorough they are
 
JAZZMANB said:
Aye,you could say you've been paying your lass nowt on the one you're in,though they may check.Not sure how thorough they are
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I doubt they'd check payments made to my lass, but I also doubt they'd take my word on that. They'd just see my current commitment to paying rent elsewhere.

On a serious note, anyone know if there's any way I can just get my name off the current agreement? If we're on good terms with the landlord (we are) could we just have him send a letter to the letting agents agreeing to it?
 
Charmless Man said:
I doubt they'd check payments made to my lass, but I also doubt they'd take my word on that. They'd just see my current commitment to paying rent elsewhere.

On a serious note, anyone know if there's any way I can just get my name off the current agreement? If we're on good terms with the landlord (we are) could we just have him send a letter to the letting agents agreeing to it?
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It can be done by assigning the joint tenancy to your lass in her sole name. Has to be done by deed with the agreement of all parties, including the landlord. Alternatively, the current tenancy would have to be terminated and a new agreement in her sole name executed.
 
Jonny Ringo said:
It can be done by assigning the joint tenancy to your lass in her sole name. Has to be done by deed with the agreement of all parties, including the landlord. Alternatively, the current tenancy would have to be terminated and a new agreement in her sole name executed.
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How would we go about doing that? Sounds like it requires a solicitor.
 
It would. You'd need to ask the landlord if they will agree first of all. Some don't like doing it as joint tenants provide better security as there are more people to chase for any debt. Assuming the landlord agrees you'd then need a solicitor to draft the deed. Where are you based?
 
Jonny Ringo said:
It would. You'd need to ask the landlord if they will agree first of all. Some don't like doing it as joint tenants provide better security as there are more people to chase for any debt. Assuming the landlord agrees you'd then need a solicitor to draft the deed. Where are you based?
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Macclesfield.
 
Charmless Man said:
Macclesfield.
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I don't know anyone in that neck of the woods to recommend. Most solicitors could do you a deed but could cost you a few hundred quid - you'd need to decide if it's financially worthwhile. There's no reason why we couldn't do one for you remotely from up here but you may prefer to see someone face to face. If the property is let through an agent they may have a deed of assignment they use but that's probably a long shot.
 
Jonny Ringo said:
I don't know anyone in that neck of the woods to recommend. Most solicitors could do you a deed but could cost you a few hundred quid - you'd need to decide if it's financially worthwhile. There's no reason why we couldn't do one for you remotely from up here but you may prefer to see someone face to face. If the property is let through an agent they may have a deed of assignment they use but that's probably a long shot.
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It's probably not worth doing tbh, I'm just chewing over the options. If worst came to worst I have the savings to pay off the rest of our current tenancy and just sod off now, so there should be no serious issues with my next property re: financial checks.
 
Charmless Man said:
It's probably not worth doing tbh, I'm just chewing over the options. If worst came to worst I have the savings to pay off the rest of our current tenancy and just sod off now, so there should be no serious issues with my next property re: financial checks.
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TBH so long as you don't think your lass will screw you it's not worth the time, cost or effort. It would only become worthwhile if she bumped the rent and trashed the gaff before leaving.
 
Charmless Man said:
Reet, I'm currently renting a property with my girlfriend. It's about halfway through a 6 month assured shorthold contract. I have to move to Newcastle next week to start a new job and will obviously not be paying rent on this place (my girlfriend could afford it by herself before I moved in).

If I recall correctly, having my name removed as a joint tenant would normally involve entering a new 6 month agreement with the landlord which is just not on the cards, my girlfriend has had an offer accepted on a flat of her own and is moving asap.

So my questions are:

- Does it matter if my name is still on the tenancy agreement for the last few months? I know that makes me legally liable for the rent, but the reality is that's an issue between me and my lass and I don't for a moment suspect she's going to start asking me for loads of money. AFAIK it will make no difference to me being able to rent another property?

- What are the implications on council tax? Prior to me moving in she received single person's discount on that. If I'm demonstrably living, working and paying council tax elsewhere, will she be able to receive a discount again despite my name being on the tenancy?
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Re council tax, this is down to sole or main residence and as you will be registered and paying cracking elsewhere then yes your girlfriend will get her discount as soon as the council know you are registered elsewhere. From the date you move they will either take your name of the joint ctax account or create a new a/c for your girlfriend in her name only. She has the highest interest in that property being both the occupier and a tenant.
 
skullmeister said:
Re council tax, this is down to sole or main residence and as you will be registered and paying cracking elsewhere then yes your girlfriend will get her discount as soon as the council know you are registered elsewhere. From the date you move they will either take your name of the joint ctax account or create a new a/c for your girlfriend in her name only. She has the highest interest in that property being both the occupier and a tenant.
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There'll be a gap in me moving out and starting a new tenancy like. I'm staying with a relative very short term whilst I view houses. I'm going to assume this won't be a massive issue.
 
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