Council Tax summons

conbee70

Hi all I was living in a property few months ago on a HMO basis. The property is split into two flats with the downstairs flat occupied by the landlord’s mother and her partner and the upstairs flat I rented the master room and another guy rented the room below me. In September a voter’s register came through the post and I decided to fill it out and send it off. I however encountered some problem with the land lord and left the property after he threaded to harm me. That was since in December. At this point in time I am still trying to get my deposited from the landlord when I some thing was mention about council tax. I called the council and explained what had happen the woman on the phone told me to give her my new address and she will send a letter to fill out to show I am not living there anymore. Low and behold came home last week and found a letter in the post from the council and I opened it and I can’t believe my eyes. A court summons for £1000 ranging from May last year to may this year.
I don’t quite understand it as the landlord said the council tax was included in the rent and all we had to do was share the gas and electric. Because I was only renting a room every time I ask for a tenancy agreement he insist the next time we meet, however I never got one. I have call the council about 5 time to try and explain the situation but it seems as if they don’t understand reason being the house is only registered as one address. I call them again this week and they are now saying the house has now been registered as 2 flats. I only lived in a room for 4 months I have no money to pay this summons how can I defend myself?

Fire_Fox

Are you certain the house was registered as a HMO? It doesn't sound like it when you talk about flats. IIRC in a HMO the landlord is legally responsible for the council tax, in self-contained accommodation (flats) the residents are legally responsible for the council tax. You must stop dealing with this situation by telephone and start dealing with it in writing by recorded delivery. What evidence do you have that you only occupied one room for four month? Bank statements with your prior address and current address? What evidence do you have of ringing the council, itemised phone bill?

CIS

The L/L is responsible for Council Tax if it meets the definition of an HMO (council tax defintion is different to that used for planning) under the Council Tax (Liability of owners) regulations 1992.

What does your tenancy agreement say about your occupancy of the property (e.g does it mention that you only rented part of the property) and/or that you were responsible only for rent on 'your' part of the property and you were not liable for the rent on the whole of the property ?

If the property is not an HMO for council tax purposes then regardless of any personnal agreement you may have had with the L/L you are still liable for the council tax as a resident of the property.

Check the council tax valuation lists at www.voa.gov.uk if you want to see how the property is banded.

conbee70

Yes I have letters and bank statements from while I was living at my previous address. And I also have a tenancy aggrement for where I am living now since begining of January. And the house istn't registed as an HMO or Seperate flats from what I understand is the council never even knew the house was split into two flats they said the only thing on their system is an application for a loft conversion. I had a look on the website to see how the property is branded and its showing the same address twice with two different bands (B&C) effective the same date which just happend to be 01/09/09 the same date I moved in.
I really can't believe this there are about three people still living at the property and just through filling out a voters register I am in all this crap. I think the landlord did this to me. I met people living in the house and if the council is trying to make me pay all this money something must be wrong. Seems like the landlord wasn't even paying the council tax before I moved in. And the !!!!!! part is I dont have a tenancy agreement from him as I was only renting a room I thought it didn't even matter. This was the first time I ever rented a place on my own sine I got discharged from the forces cant afford a solicitor am in enough debt as it is. :-(

lincroft1710

Clearly the property has been split into two for Council Tax purposes, what you will have to ascertain is whether your part is Band B or C. As CIS says you as tenant of a non HMO are responsible for the CT on your flat. But May 2009 to May 2010 cannot be correct, you would only be responsible from 1 Sep 09 to the day in Dec 09 you left.

conbee70

Thank for your help so far everyone. The summons is for the 18th of this month and I will keep you updated on how things are going. I think is understand some of it now. so all I have to prove is the part of the flat I was living in is was rented on a HMO basis (even if the landlord didn't registered it) and I was only living there from September till December? Is there any way I can prove I only rented a room with out a tenancy agreement? Because I had some problems with the land lord I took some pictures of the loft conversion I was living in. what eles will I need to do can I ask one of the tenant to be a witness or give me a witness statment or something or maybe even get a copy of a tenancy agreement from them.

CIS

The council may already have tenancy agreements held for other tenants which cover the period and corroborate your statement . I work in council tax recovery and in simliar cases I have used tenancy agreements in this manner.

Fire_Fox

I don't see how you are going to prove the house was an HMO, it doesn't sound like it meets the definition of a HMO. The house sounds like three self contained flats, only one of which was legal when you lived there, two of which are legal now. You shared a flat with one other person so are liable for the council tax on that flat; do you know where the other person is now?

CIS

Your pretty much spot on - the liability order will be granted on the basis that the money is owed and the courts then leave it to the council to sort out any disputes over whether the balance should be lower or not.

Casati

Please conbee, take jimmo's advice, call your ex servicemans association or Citizens Advice Bureau on Monday morning. I wonder if this is the sort of thing the British Legion can help you with? Please accept whatever help you can get. I hope you get this sorted out. All the best mate.

conbee70

Now you mention it Jimmo ther are some people I can turn to as I am ex forces. I will contact the CAB on monday. I also found some details on the ISITFAIR website and I am going to contact shelter on monday aswell. And if the council have all these details why when I call them they ask me if I know the name of who lives in the flat and who lived there before me and if I know wher they might be. And even if I was responsible for the CT for that four months I live there £1000 can never be right I will give you an update tomorrow when I contact the CAB.