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council tax

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I served a section 21 on a tenant with rent arrears on the 10/5/ to end 11/7.
The tenant told council he had left on the 12/5 ,he refused to hand keys back ,goods left in flat .
tenant handed keys back 5/7 making sure his unwanted stuff left in garden.

Council has awarded the 2 months council tax empty property to tenant,so the 2 months he held on to the keys he didn't have to pay.
I have a guess I am wrong but surely the tenant is legally required to pay the tax as I cannot take my property back without a court order and he has not ended his tenancy until the 5/7.
Had he handed the keys back a new tenant would have paid tax.
I like many other landlords will have to pay council tax on a property that I could not claim back by law or apply for a 2 month empty cert.
Unfair or not I think the councils should at least hear the landlord out.
Sorry to ask but I just wanted to check before ccj papers filled in.

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