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Council refused permission to appeal Broadley case

Sally Walmsley
Written by Sally Walmsley

The Supreme Court has refused Leeds City Council permission to appeal a decision ruling in favour of landlords, following a protracted battle over council tax payments.

The case of Leeds City Council v Broadley centred around the question of who is responsible for paying the council tax on a property if the tenant moves out, but a contractual periodic tenancy agreement is still in place – the tenant or the landlord?

Leeds City Council had demanded council tax for five properties from landlord Stephen Broadley, for periods when the homes were empty but the tenancies had not been formally ended by either party.

What followed was a two-and-a-half year legal battle, with the RLA intervening after Leeds Council announced it would appeal a High Court ruling finding in favour of Mr Broadley.

In November the Appeal Court upheld the previous rulings, that landlords are not responsible for paying council tax on a property when a tenant moves out before their tenancy agreement has expired.

Despite this Leeds took the case to the Supreme Court, where they were refused permission for a further appeal, on the grounds that the application did not raise an arguable point of law.

To read more about the case click here.

About the author

Sally Walmsley

Sally Walmsley

Sally Walmsley is the Magazine and Digital Editor for the NRLA. With 20 years’ experience writing for regional and national newspapers and magazines she is responsible for editing our members' magazine 'Property', producing our articles for our news site, the weekly and monthly bulletins and editorial content for our media partners.

2 Comments

  • It would have been very useful to have had this ruling several years ago when I had a similar clash with Newark & Sherwood DC; fortunately I did eventually win the case and they backed down from the costs they had charged me

  • An excellent result – and the right one. Based on the original ruling I had a claim for council tax under similar circumstances cancelled earlier this year. If I had not read about it on the RLA website I would have paid after my first appeal to the council in question was rejected.

    Can landlords now go back and demand repayment of any council tax collected erroneously since the High Court ruling?

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