Council Tax Summons - HELP!

Worried_Wombat

Hello there,

I'm new to this forum and I hope to have come to the right place.

I shall come to the point right away:

Situation:
=======

I received a Council Tax Summons and have to appear in court (petty sessions)
to explain why I haven't paid council tax at my former flat.

Last year I used to live in a flat as a permitted occupier (rented a small room).
There were two joint tenants for the flat (I wasn't one of them), one of them
blew never to be heard of again. I ended up getting his room when I moved in.
The landlord didn't want to change the contract/lease, so I was offered to
move in as a permitted occupier - my name wouldn't appear anywhere.

One of the joint tenants (who became my flatmate) wrote and signed a brief
statement stating I was a permitted occupier and was allowed to live in one
of the rooms for a consideration of £xxx. I needed this as proof of my new
address (since I wasn't a joint tenant). I still have that letter - so I can proof
I was a permitted occupier and not a joint tenant.

I stayed in the flat for just under 4 months.
Two months after I had moved out of said flat and into a new one (in a different borough)
I received a letter from the council tax office (from my previous borough)
asking me to pay for council tax, also stating the sum to be paid (some £600).
For some reason they put my name alongside that said tenant who had blown.

I called the council tax office and explained to them that I was a permitted
occupier and thus wasn't liable to pay the tax. I gave them the names of the
joint tenants instead. They said it was fine and they'd update their records.
I thought that would be the end of it. I was wrong.

Then I received said letter (Council Tax Summons). This really worries
me.

I am reluctant to pay the tax. I am also not able to pay it (unemployed
full time student). What should I do?

Questions:
=========

1) Am I liable to pay said council tax (as a permitted occupier)?
2) Should I have a solicitor with me in court or is the case clear and I can
defend myself easily? Never been in a courtroom.
3) In case I need a solicitor, is it possible to get one for free?
4) What should I say in court?
5) Should I perhaps disregard the summons completely and not show up?
Is it likely they'll pursue this further, and, what would the likely
repercussions be (for me)? I was told by a friend that they don't bother
chasing after people for petty stuff like this.

I am aware you are offering your advice for free and on a voluntary basis.
Please know that I am most grateful for any advice you can give me.

Thank you very much.

Sincerely,
Worried Wombat
(not my real name)

bestpud

I don't know whether you are liable for the charge or not but I do know ignoring it is not a good option!

If it was petty enough for them not to bother, they wouldn't have taken it this far, and I really don't think you will help things by doing nothing.

yorkshire_grafter

Hi

2 joint tenants would have had their names on the council tax account and whether you were there or not had no impact.

A council tax bill is made up of 50% property and 50% person. This means if you live alone you are entitled to a 25% single person discount and therefore receive a bill for 75% charge.

In your case this means once the other joint tenant left you had an impact on the account. The remaining joint tenant couldn't claim 25% single person discount because you are there and so most likely advised the council tax section that his/her joint tenant had left but you were there.

Once your name is on the account you are jointly liable with the other parties and the local authority will not chase you for 50% of the bill only but each person named on the account. They don't care who pays just someone.

Make an appointment at your local office and see someone from council tax about this immediately. The council tax section will not just be taken your account to court that day but most likely several hundred and the majority of folk don't appear. The amount will have been made worse because court costs will now be added.

Good luck

alwaysonthego_2

or go to your local cab who can speak to the council and your behalf. You need to act asap.

CIS

1) Am I liable to pay said council tax (as a permitted occupier)?

Whether or not your liable is decided by the 'hierarchy of liability' with the person(s) who fall nearest the top are the liable party as far as paying the council tax goes.

1) Resident Freeholder
2) Resident Leasholder
3) Statutory or secure tenancy
4) Licence to occupy the property
5) Any other resident
6) non resident owner.

I would say that as your weren't a tenant then you would fall at point 4 or 5 whilst the actual tenants all at point 3 and thus are the liable persons for council tax.

2) Should I have a solicitor with me in court or is the case clear and I can
defend myself easily? Never been in a courtroom.

You don't need a solicitor usually (Ive never actually seen anyone bring one to the court). You need to try and resolve it before you get in to the court , either go to the council offices before the court date or go to the court and speak to one of the council officers on court duty for that day.
3) In case I need a solicitor, is it possible to get one for free?

4) What should I say in court?

See point 2)
5) Should I perhaps disregard the summons completely and not show up?
Is it likely they'll pursue this further, and, what would the likely
repercussions be (for me)? I was told by a friend that they don't bother
chasing after people for petty stuff like this.

I would disregard what your friend says - I work in council tax recovery - and we do chase everyone after the Court Summons and Liability Order (especialy for £600). If you ignore it then you could find the council issuing the account to a bailiff.

Worried_Wombat

Thank you all for your swift replies!
You've all been most helpful. I see I'll probably have to swallow
the bitter pill and pay the tax. I'll go see an adviser at the CAB first
thing on Monday, followed by a visit to the council tax office. Hopefully
everything will be sorted by midweek to spare myself the experience of
appearing in court.

Thanks again for your help. You all deserve to sleep well at night. :T

Sincerely,

Worried Wombat

CIS

There is no need for you to attend court, if you don't attend court then a Liability Order will be granted in absentia but they are easily withdrawn once the correct liability is determined. The majority of people summonsed (probably 95% or so in our area) don't appear at court.

kelloggs36

Were you a student at the time? If so, then you are not liable for council tax.

CIS

Were you a student at the time? If so, then you are not liable for council tax.

Worried Wombat woudn't be liable anyway under the circumstances but being a student does not always make you not liable for Council Tax - there are circumstances when a Full Time student can be liable for the Council Tax due.

Worried_Wombat

Incidentally, I was a fulltime student at the time - not at the time I moved in, but for about 50% of my entire stay at said flat. As my flatmate was a working professional, an exemption from council tax doesn't necessarily apply to me - a discount, at the most, but that would have to be sorted out and calculated, only further adding to the mess.

The other problem is: the council tax I am supposed to pay seems to include the period when the other joint tenant (the one who blew before I entered the scene) used to live in the flat. So they're asking me to pay for council tax for a period prior to my move-in date.

What will I do eventually? I shall visit the council tax office and present my case:

- "I lived at the address in question as a lodger/permitted occupier, and have at no point signed a joint tenancy agreement. According to the hierarchy of liability I am not the one liable for council tax, the joint tenants are. Their names are Mr XXX and Mr YYY. The joint tenancy agreement confirming this can be obtained from the landlord Mr/Mrs XXX."
- "Furthermore, in calculating the amount of tax payable, it appears you are overcharging me as I moved into the flat months after the date you determined as the "start date" in the period covered."

Hopefully, they will accept these two arguments and recognise that they've made a mistake, in which case I won't have to appear in court. And even if I do, the court will have this information beforehand so a decision is reached right away without the need for an adjournment (and thus the need for me to reappear).

Again, thank you all for your wonderful help and advice. I was in despair and didn't know what to do, but now I feel much more confident and able to tackle this.

Worried Wombat
(not so worried anymore)

CIS

- "I lived at the address in question as a lodger/permitted occupier, and have at no point signed a joint tenancy agreement. According to the hierarchy of liability I am not the one liable for council tax, the joint tenants are. Their names are Mr XXX and Mr YYY. The joint tenancy agreement confirming this can be obtained from the landlord Mr/Mrs XXX."
- "Furthermore, in calculating the amount of tax payable, it appears you are overcharging me as I moved into the flat months after the date you determined as the "start date" in the period covered."

That's pretty much what you need to say although any supporting evidence would be useful as now its technically your job to show your not liable.(council tax bills for the before and after property would be ideal if you could provide ones with your name on).