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Gutted
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Hang On - sorry to be the bearer of bad news but whats all this talk of witholding rent etc? The OP has no legal right to do this and can be lawfully and legally evicted if she does this!
Council Tax is due from each property, usually by whoever resides there. If it is a shared house then you split it, if it is just a mum & kiddy then there will be a 25% SP discount applied but it would still be the tenant who should pay.
Regardless, as long as you're a tenant there it is your legal responsibility to repay council tax - not the landlords. The only exception to this is if you have in writing that it is inclusive of the rent.
That's the cold hard truth of it i'm afraid. I'd be prone to let mum sort it, lol - usually kids listen to their mum's more than threats or legal battles!
2010 - year of the troll
Niddy - Over & Out :wave:
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Council Tax non payment is not credit related and will not appear on your report.
Council Tax (when no tenancy agreement exists) is payable by the occupants of the property.
Only if a tenacy agreement is in place where CT is included in the rent payment is the landlord liable.
As above, if you have no agreement with your family member other than a verbal word, hold back rent until it is paid off and adjust future rent payments accordingly to cover CT costs. If your the only adult in the household you will get a 25% discount, if thats the case go in person to the council explain the situation. You might be able to get a reduction.
NID beat me, ... somehow
Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
I'm assuming that your brother isn't resident, if he is then it changes the situation as the Council Tax charge would legally be his.
I see people regularly get caught out like this (I work in council tax recovery) however section 6 of the local government finance act 1992 set out who is liable based on who is resident.
a) Resident Freeholder
b) Resident Leaseholder
c) Statutory/Secure Tenant
d) Licence to occupy the property
e) Any other resident
f) Non resident owner
You would fall under c,d or e dependent on your actual agreement but as there is no one higher than you on the 'hierarchy of liability' you fall liable.
A tenancy agreement cannot override the hierarchy of liability - a tenant (unless the owner/landlord is resident) is always liable for the council tax except in the case of an HMO or one of the other defined cases where the owner has the liability set under the council tax (liability of owners) regulations. Any written agreement between you and the landlord is purely that, it doesn't affect the legal standing of who is liable.Council Tax (when no tenancy agreement exists) is payable by the occupants of the property.
Only if a tenacy agreement is in place where CT is included in the rent payment is the landlord liable.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.0 -
well I have my answer I have an attachment of earning and they are taking 12% of my wages so that's that I am liable and nothing else I can do about it but a good lesson learntDebts
Mum £5/£1500 :eek: [STRIKE]Council DUN £80[/STRIKE] :T Council LIN £187.85
NSD's Dooyoo earning £18.08 :T Slicethepie £5.02 :j Quidco £1.05 :A £15k needed for house deposit
Days until payday:):):):):):) :):):):):):) :):):):):):) :):):)0 -
Yep, you are liable. Its up to you to sort it out informally with your brother if you want to take it further. The fun of family issues.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0
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