Council Tax Help!

magneticletters

Hi,

I hope I'm posting this in the right section!!!

We're having some trouble with a flatmate who has neglected to pay his share of the Council Tax since November. I share with him and my boyfriend, who has paid his share on time each month (I don't have to pay because I'm a student!).

We recieved a reminder notice to pay the outstanding amount of the bill on the 8th November which he assured us that he had paid... this turned out to be untrue...

Cut to today where we recieved Court Summons to pay the full amount of Council Tax due.

I was just wondering if anyone could give me some advice on this. I'm unsure if they will be sympathetic to the fact that it is just one person neglecting to pay their share. I have payment reciepts for my boyfriend's half.

Is there any chance they will just take action against my flatmate? Meaning he will be liable to pay the full amount or will they take action against all of us?

Any advice would be gratefully received!!

Thank you!

RAS

Hi

Unfortunately everyone who is registered for the council tax is jointly and severally liable.

What this means is that if you flatmate does not cough up your boyfiend is liable for the whole amount.

if your idiot of a flat-mate pays up the arrears, then you might be able to talk the council into dropping the case, but you will be pushing it. If you can, I suggest that you insist he pays his money to you each month, so you know what is happening.

Do you know this person's previous flat-mates. has he done this before?

magneticletters

Oh dear, not what I wanted to hear!!!

There is no way that my flatmate would pay any of it and worse of all is that he is not responding to any contact and has partly moved out back to his parents.

He has house-shared with my boyfriend for the past couple of years - but they were students then so didn't have the issue of paying council tax!

RAS

Two things.

Can he borrow from his parents?

Secondly, if he moved completely back with his parent's your boyfriend could get a single person's discount.

magneticletters

I don't think his parents know about it or are willing to discuss it (had very unhelpful conversation with his Mother today). He's not moved back completly yet as our tenancy isn't over until the 29th January.

RAS

leave a message - would blogs please ring about the council tax debt urgently as we are being taken to court because of his unpaid contributions.

Fire_Fox

I was looking into this issue the other day. Even as a student you may also be equally liable for the full amount - assuming you are all on equal footing as tenants. I am a full time student and my partner works full time. Should he default I am responsible for the full amount as I am a resident-owner, the highest level in the 'hierachy'. I will hunt out the link and post again.

Fire_Fox

"Hierarchy of Liability
If a local authority decides that a property is not exempt from council tax (eg because there are one or more nonstudents
living there), the so-called 'hierarchy of liability' will determine legal liability for payment of the tax.
In England and Wales the hierarchy is as follows:

1. Residents with a freehold interest in the property.
2. Residents with a leasehold in the property, or the superior leasehold interest if there is more than one. This
includes assured and assured shorthold tenancies.
3. Residents who are statutory or secure tenants.
4. Residents who are licensees.
5. Other residents, including squatters.
6. Non-resident owners."

This is from the NUS website, so a good source:
http://resource.nusonline.co.uk/media/resource/Information%20Sheet%2017%20pr.pdf

Sorry to be the bearer of bad tidings, but at least you know well in advance so you have time to prepare your case. You might want to get advice from Citizen's Advice Bureau or your Student Union?

Merlinexcalibur

I will have to think about this further, as I don't know the answer right now. Beyond what others have said. But one thing I could suggest to you? Does your local council have a debt advisor? Or visit the Student Union as someone has suggested. SU might be better than CAB because they will have their fingers on the pulse and probably be more savvy with this being as they work with students daily. If you catch my drift.