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A Tangled Tenancy Mess. Legal Advice Please.

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Ma79rie | 08:02 Sat 09th Jul 2016 | Law
4 Answers
12 month Shorthold Assured Tenancy started 1/3/2006
Rental drawn up by estate agent.
Landlord asks that tenant pays a sum surplus to rent for 'rates'
××××××TEN YEARS LATER 2016 ××××××××
Tenant receives a letter from the agent requesting that the council tax
"to fall in line with the other tenants" in future be paid direct to local authority.
But could tenant say they were moving in on 1/3/2016 to prevent our landlord
incurring charges.
Of course tenant refused. Now been sent section 21 "due to matters arising over
the last few weeks"
Yes the tenant did go to the local authority and discovered.
The prooerty was not banded for council tax. Because this property and the other 4 close by had only ever been given permission as holiday lets with firm conditions.
So firm it appears that in 2001 a planning enforcement visited the landlord for a breach reported by the council tax office. The breach was not followed up although the letter on file (through freedom of information) states it would be.
Local authority have seen all the evidence and decided to charge the tenant council tax from April 2015.
In the letter with the S21 there is an offer to pay this by the landlord if the tenant leaves on the required date.
The tenants discovered online that his deposit had been placed in a valid scheme 3 days before being served the S21 but has still not been made aware of that at all.

Any advice please?

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Far too complicated to solve on here.You need a solicitor.
I am also not sure of the exact chain of events , your post is confusing.
Question Author
Apologies Eddie.
I agree very complicated.
Perhaps one question then on the S21?
For a 2006 tenancy what has to happen to make a Section 21 valid?
I do not know the answer to that one, hope someone who does know sees this and has an answer.Your local CAB can offer free advice in cases like this, try them for help.
Question Author
Thank you Eddie. Seeing CAB tomorrow.

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