Council Tax Demand - Am I responsible?

j92009

Hi,

Im not sure if Im posting in the correct forum or not but... I have just received a council tax demand relating to a property I lived in over 12 months ago. The council are trying to charge me council tax for a full year even tho I only had a 6 month tenancy they say that unless I can find my tenancy agreement (which I cant!) I have to pay the council tax from the day I moved in and registered as the tax payer to the date the next tenant after me moved in - this doesnt seem fair to me surely it should be the landlord who is responsible for the tax on the empty property not me? Any help would be greatly appreciated as the council are now threatening court action.

clutton_2

can you take in bank statements showing rental paid for 6 months and no rental after that ? can you show them final accounts for gas and electric ?

CIS

It happens all of the time (I see a good few each day) - a council tax account would have been raised in your name and then then never closed until they were informed that a new tenant had moved in. Without evidence to the contrary they have to assume that the records are correct and you are liable until the new tenants moved in.

You need to provide information to teh council about where you were living during the period and question - council tax bill, tenancy agreement etc or alternatively if you can get in touch with the L/L.

DVardysShadow

Well, j92009, let's turn this around, because I would think you know who is responsible. You tell us what you think you are responsible for and how much you have paid, and then folk can advise on how to handle it

j92009

My original tenancy was for 6 months and commenced on the 31st Oct 07 so expired the 31st march 08 at which point I informed the letting agent I didnt want to sign for another 6 months so they told me to go on a rolling tenancy whereby i would just carry on living in the property and paying my rent each month and only give 1 month notice when i wanted to move out - I didnt get any of this in writing so even if i could find the original tenancy agreement it would say that I moved out at the end of March when in fact it was June whe i moved out. I dont have any details for the landlord other than their bank details for the standing order i paid to them each month and I have tried contacting the letting agent but they have closed down.

Blacksheep1979

so it's 9 months you owe for now - story seems to keep on changing...

DVardysShadow

So from 31 Oct 2007 to an unknown date in June 2008. That is what you think you are liable for. So how much have you paid? Have you paid anything?

I get this feeling....

CIS

My original tenancy was for 6 months and commenced on the 31st Oct 07 so expired the 31st march 08 at which point I informed the letting agent I didnt want to sign for another 6 months so they told me to go on a rolling tenancy whereby i would just carry on living in the property and paying my rent each month and only give 1 month notice when i wanted to move out - I didnt get any of this in writing so even if i could find the original tenancy agreement it would say that I moved out at the end of March when in fact it was June whe i moved out. I dont have any details for the landlord other than their bank details for the standing order i paid to them each month and I have tried contacting the letting agent but they have closed down.

Under the council tax 'hierarchy of liability' you would fall liable as the tenant of the property regardless of the fact that the 6 month agreement ended and went on to a rolling tenancy (in any case if there is no resident tenant/owner/licencee the liability falls on the occupier regardless of the legality of their occupation).

By your ealier post you are liable for at least 8 months of the year in question.

Jowo_2

Landlord's are responsible for paying CT on properties after the tenant has left the property. It's up to the tenant to inform organisations and suppliers, such as council tax, utilities, etc, when they leave the property and arrange for a final account, not the landlord or agent.

Did you phone in your last meter readings, arrange to cancel the phone line, notified the water company and TV licencing etc or is it just the CT where they weren't aware that you left?

Check with the CT people whether proof of your next tenancy agreement, registration on the electoral register, registration for CT, etc, at your following address is sufficient proof or not. Perhaps CIS will know.

Thriftysaver

Can't you prove the council tax you were paying on the new property. A rolling (or periodic as it is known) is legal and binding. It just makes it easier for you to come out of your contract, ie month to month as opposed to a fixed term.

You're still liable up until the date you moved out.

Sorry

Thriftysaver

CIS

Check with the CT people whether proof of your next tenancy agreement, registration on the electoral register, registration for CT, etc, at your following address is sufficient proof or not. Perhaps CIS will know.

Unless there is evidence that a person still held a legal tenancy on the property then we will adjust accounts if proof of residence elsewhere is provided