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Historic Council Tax Issue

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Comments

  • molerat
    molerat Posts: 31,802 Forumite
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    decbel wrote: »
    Well of course they should attempt to track down the other 3.
    But that is not how joint and several liability works. If one of them did not want to get stiffed for the whole bill they should have sorted it out at the time. I do believe though that the council should provide a full statement of account for the period.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    decbel wrote: »
    I would also ask what steps they are taking to find the other 3.

    Have you not been reading?

    The council has zero responsibility to track the other tenants, if the OP wishes to persue them for part of the outstanding amount then she is welcome to do so through small claims court after the council has been paid off.
  • mark5
    mark5 Posts: 1,363 Forumite
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    Were the other tenants all liable for council tax, some may have been students etc?
  • decbel
    decbel Posts: 2,804 Forumite
    molerat wrote: »
    But that is not how joint and several liability works. If one of them did not want to get stiffed for the whole bill they should have sorted it out at the time. I do believe though that the council should provide a full statement of account for the period.

    She probably didn't even know. This is 10 years ago.
  • decbel
    decbel Posts: 2,804 Forumite
    Slithery wrote: »
    Have you not been reading?

    The council has zero responsibility to track the other tenants, if the OP wishes to persue them for part of the outstanding amount then she is welcome to do so through small claims court after the council has been paid off.

    Read post 20.

    The council have no particular responsibility to track but have the choice to do so.

    I'd be asking why hey choose not to.

    I certainly wouldn't just lay on my back and take it.
  • konark
    konark Posts: 1,260 Forumite
    Just a few random thoughts.

    A house with 4 separate tenants is a text-book HMO, in which the landlord is responsible for Council Tax. Then how come the council have her name;they may have got it from the electoral roll.

    Can't believe in this age of social media and computerised records that the council couldn't locate the other 3; Have they tried talking to the DWP or HMRC? It's probably how they got her address.

    Couldn't your friend just tell the council they can't remember ever living at that address, maybe it was someone else with similar name?

    Were the other tenants students or on benefits? That would leave the OP's friend as sole council tax payer.
  • decbel
    decbel Posts: 2,804 Forumite
    edited 12 September 2017 at 8:00PM
    konark wrote: »
    Just a few random thoughts.

    A house with 4 separate tenants is a text-book HMO, in which the landlord is responsible for Council Tax. Then how come the council have her name;they may have got it from the electoral roll.

    Can't believe in this age of social media and computerised records that the council couldn't locate the other 3; Have they tried talking to the DWP or HMRC? It's probably how they got her address.

    Couldn't your friend just tell the council they can't remember ever living at that address, maybe it was someone else with similar name?

    Were the other tenants students or on benefits? That would leave the OP's friend as sole council tax payer.

    This is why I believe the OP'S friend should have access to the other residents status.

    In the original OP it was written that she kept herself to herself therefore it is likely that that she was unaware of the other tenants financial status. And why should she be.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    decbel wrote: »
    Read post 20.

    The council have no particular responsibility to track but have the choice to do so.

    I'd be asking why hey choose not to.
    Equally, there's nothing stopping her from trying to trace them (and presumably she has a right to recover their share if she ends up paying the full amount to the council).
  • CIS
    CIS Posts: 12,260 Forumite
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    A house with 4 separate tenants is a text-book HMO, in which the landlord is responsible for Council Tax. Then how come the council have her name;they may have got it from the electoral roll.
    Not necessarily a Council Tax HMO - a property can have a dozen occupiers and still not be a Council Tax HMO if it's a joint tenancy. The OP needs to confirm if it was a joint tenancy or not.
    Then how come the council have her name;they may have got it from the electoral roll.

    Can't believe in this age of social media and computerised records that the council couldn't locate the other 3; Have they tried talking to the DWP or HMRC? It's probably how they got her add
    It would appear the council have always had the name so no need to get it from anywhere else. If they'd not been able to say that a person was the liable party then they'd have billed the landlord.

    HMRC/DWP won't provide details for trace purposes to the council - they new address will most likely have come from a credit check.
    Couldn't your friend just tell the council they can't remember ever living at that address, maybe it was someone else with similar name?
    Very unlikely to stop the council if they've got sufficient to trace the address - the onus would then be on the person to show they weren't the debtor.

    Were the other tenants students or on benefits? That would leave the OP's friend as sole council tax payer.
    A person being on benefits and/or claiming Council Tax Benefit (as it was) doesn't remove them from being jointly liable.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • lincroft1710
    lincroft1710 Posts: 17,608 Forumite
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    decbel wrote: »

    I certainly wouldn't just lay on my back and take it.

    Unfortunately CT law is on the council's side, it is perfectly legal for them to pursue any one of the named tenants for the whole amount. The OP is liable for the whole amount, she may be the only tenant who is traceable, so the council have legitimately homed in on her.

    Unfair, possibly. Legal, definitely.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
This discussion has been closed.
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