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Significant Counci Tax worries

2»

Comments

  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    CIS wrote: »
    In theory the relative could possibly inform the council tomorrow and reclaim every penny they paid for the last 8 years.

    Doubt that the voluntary payment of a CT bill by a non-resident can be revoked as you suggest.

    Some landlords include payment of the CT bill in their contract with tenants, some people pick up the payment of relative's CT bills as an act of kindness - there is that legal primary liability for residents to pay according to the hierarchy (which helps in the event of a dispute) but nothing to stop parties making their own mutually agreed arrangements.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Doubt that the voluntary payment of a CT bill by a non-resident can be revoked as you suggest.

    The Council Tax has been paid by a person who has no liability for Council Tax therefore they have , under the regs, have no liability against which council tax should have been paid and would be- possibly not without a struggle - able to claim it back.

    I've dealt with many cases under similar circumstances were payments have continued to be made after a person has ceased to be liable but the account has remained open and payments made (usually by S/O or DD). Once the correct liability is determinded then any overpayments need to re-paid.

    All the relative needs to do is to advise the council that he is abroad, doesn't get the bills and has only realised the DD or SO hasn't stopped and he could have the liability correctly apportioned and overpayment returned.
    Some landlords include payment of the CT bill in their contract with tenants, some people pick up the payment of relative's CT bills as an act of kindness - there is that legal primary liability for residents to pay according to the hierarchy (which helps in the event of a dispute) but nothing to stop parties making their own mutually agreed arrangements.

    There is no cover under the regs for voluntary arrangements, as far as the law is concerned the liable person is responsible and if the bill is in the name of a person who is not liable then it is incorrect and the person cannot be held liable and thus has no council tax liability to pay against.
    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.
  • OneTime
    OneTime Posts: 10 Forumite
    Hi,

    my relative has knowledge of the situation - and is happy for the council tax to have been paid all along, and for it to be transfered into my name to cover the years in question. They have no intention of trying to claim it back (though I realise you are just trying to clarify a previous point that was made).

    cheers

    gubar
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    my relative has knowledge of the situation - and is happy for the council tax to have been paid all along, and for it to be transfered into my name to cover the years in question. They have no intention of trying to claim it back (though I realise you are just trying to clarify a previous point that was made).

    At least they've agreed to that - saves you a lot of hassle so it should be a two minute job to change it over to you and issue the relevant demand in your name.
    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.
  • OneTime
    OneTime Posts: 10 Forumite
    CIS wrote: »
    At least they've agreed to that - saves you a lot of hassle so it should be a two minute job to change it over to you and issue the relevant demand in your name.

    Hi,

    that's what I'm hoping! After we split the bill and get it all sorted things should be fine. Looking forward to having it sorted out and being official.

    cheers

    gubar
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