Council tax bill
Discussion
A mate moved out from a rental where he had been living with his girlfriend - whilst there they had a joint account paying council tax. When he left, the joint account was closed but his name remained on some council tax documentation as living there apparently. Council get in touch with him 3 years later saying there is a 1000 bill outstanding - turns out its after he's left. They've told him that between them they have to pay it, and if she won't pay, he needs to because it's been so long it will go to court and they will both get in trouble for it! The ex will not entertain paying a penny.
Is the person on the phone telling him this correct? It seems doubtful to me, he should be able to prove moving out with bills etc from his new house. Just because his name was on something before doesn't mean he has ongoing responsibility for it.
Thanks
Is the person on the phone telling him this correct? It seems doubtful to me, he should be able to prove moving out with bills etc from his new house. Just because his name was on something before doesn't mean he has ongoing responsibility for it.
Thanks
I had similar, but for a smaller amount and it was coming up to 6 years.
I was a little pissed off, and wrote a fairly robust letter asking them for dates and specifics. I may have quoted a case long forgotten that puts the billing authority under a duty to bill within a reasonable amount of time.
Never heard a thing since...
£1k, at 3 years though... I'm note sure that will be easy to get dropped, unless they have some fact wrong. One of the issues is if they go court, it goes to magistrates court. They have more powers, ultimately including jail time...
I was a little pissed off, and wrote a fairly robust letter asking them for dates and specifics. I may have quoted a case long forgotten that puts the billing authority under a duty to bill within a reasonable amount of time.
Never heard a thing since...
£1k, at 3 years though... I'm note sure that will be easy to get dropped, unless they have some fact wrong. One of the issues is if they go court, it goes to magistrates court. They have more powers, ultimately including jail time...
I had a similar issue with the local water company. I refused to pay a penny so they took me to magistrate's court. I turned up, armed with all the documentation proving I had moved out when I said I had, and they didn't bother to send anyone at all. The magistrate was so pissed off he threw the case out straight away and awarded me a small amount of compensation against the company for my inconvenience.
sim72 said:
I had a similar issue with the local water company. I refused to pay a penny so they took me to magistrate's court. I turned up, armed with all the documentation proving I had moved out when I said I had, and they didn't bother to send anyone at all. The magistrate was so pissed off he threw the case out straight away and awarded me a small amount of compensation against the company for my inconvenience.
Don't try that with the Local Authority.... Their office will be a few minutes walk, and they will have a pile of files a foot high!roofer said:
So, the place he moved out of remained unoccupied for some time ? If so, isn't the landlord responsible for reduced rate tax ?
That will depend on when he gave the keys back and when the tenancy expired. Life can get difficult at this point - especially when 3 years down the line...Thanks for all the comments - yes they did warn of custodial sentences (seems a bit OTT at this point - it's the council who have taken ages finding him dispite he lives in same town paying council tax nearby!)
Sorry if I didn't make it clear, the ex girlfriend carried on living at the house but stopped paying council tax so the bill is for the time only she was there.
Sorry if I didn't make it clear, the ex girlfriend carried on living at the house but stopped paying council tax so the bill is for the time only she was there.
torqueofthedevil said:
Thanks for all the comments - yes they did warn of custodial sentences (seems a bit OTT at this point - it's the council who have taken ages finding him dispite he lives in same town paying council tax nearby!)
Sorry if I didn't make it clear, the ex girlfriend carried on living at the house but stopped paying council tax so the bill is for the time only she was there.
Ahhh, he be fekked then.Sorry if I didn't make it clear, the ex girlfriend carried on living at the house but stopped paying council tax so the bill is for the time only she was there.
roofer said:
If it was in his name....
But then it just goes to court and he makes a declaration of "No, I wasn't living there, I was living at this address and paying CT there" the Maj won't deem him liable to pay will they?We're not quite at such draconian levels of enforcement yet are we? It's not like a shonky car parking infringement!
I am not as expert in Council Tax as I am in business rates but know a bit.
As I see it the Council may be taking the view that the OPs name is on the licence for the flat, therefore they were entitled to occupy the flat irrespective of whether they actually did or not. We know that the ex girlfriend the property apparently on her own, but we dont know she has told the council.
You have no duty to tell a council when you move in, and it is up to them to find you. However I fail to see how just cancelling the bill and not telling them you have moved out can ever be a good idea. There have been a couple of cases around when bills have to be issued as mentioned by Surveyor although I suspect the case law has changed a bit since he received his demand. It is more difficult to claim in Council Tax that they didn't bill as soon as is reasonably practicable.
If I were the OPs friend I would be finding as much evidence to prove I had moved and was living elsewhere and giving it to the Council.
As I see it the Council may be taking the view that the OPs name is on the licence for the flat, therefore they were entitled to occupy the flat irrespective of whether they actually did or not. We know that the ex girlfriend the property apparently on her own, but we dont know she has told the council.
You have no duty to tell a council when you move in, and it is up to them to find you. However I fail to see how just cancelling the bill and not telling them you have moved out can ever be a good idea. There have been a couple of cases around when bills have to be issued as mentioned by Surveyor although I suspect the case law has changed a bit since he received his demand. It is more difficult to claim in Council Tax that they didn't bill as soon as is reasonably practicable.
If I were the OPs friend I would be finding as much evidence to prove I had moved and was living elsewhere and giving it to the Council.
Cold said:
roofer said:
If it was in his name....
But then it just goes to court and he makes a declaration of "No, I wasn't living there, I was living at this address and paying CT there" the Maj won't deem him liable to pay will they?We're not quite at such draconian levels of enforcement yet are we? It's not like a shonky car parking infringement!
PurpleMoonlight said:
If he was still party to the Lease then he is jointly liable for the Rates regardless of the fact he was not in occupation.
I disagree. The occupier or person entitled to occupation is liable for council tax. In this particular case the OPs friend was entitled to occupation and therefore had the property been empty they would be liable.However the ex-girlfriend lived in the property and therefore she was liable for Council Tax as she was the one in occupation. Once she vacated then the OPs friend would become liable if his name was still on the lease/licence, but until that point the girlfriend was liable.
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