Tenants not paying council tax?

CIS

The local authority only have to bill to the last known contact address - if this was for the agents then they can legally use that address or without this the actual property.

They will be able to prove that documents were sent out (proof of postage is proof of delvery) , the only issue would be to who they sent them to and whether this was the supplied contact address.

Maybe too much time in a recovery background had made me cynical but if i had a £ for every time an agent hadn't received the demandnotice/ reminder/ summons I'd a millionaire. Agents usually realise that they have been negligent in dealing with it and will try to get out of the costs which were incurred because they didn't do what the client instructed and pass the blame to the council in doing so.

Wee_Willy_Harris

Well, if the OP was paying his own c tax at his old residential address within the same LA as his rental property, then moved to another address under the same LA, he could argue that in changing his personal c tax details with that LA, he notified them of his change of address and they mis-served the notices.

missile

It may be your tennants do not know that they are liable? I had one tennant who honestly thought it was my responsibility to pay.

CIS

Well, if the OP was paying his own c tax at his old residential address within the same LA as his rental property, then moved to another address under the same LA, he could argue that in changing his personal c tax details with that LA, he notified them of his change of address and they mis-served the notices.

Possible - depending on the circumstances but if an agent has been appointed and their address given for contact then the council have billed correctly if they use the agents address.

Wee_Willy_Harris

Well, the OP says in #11 that the post to his old address was returned to the council, which is why they wrote to the LA asking for a forwarding address.

CIS

Well, the OP says in #11 that the post to his old address was returned to the council, which is why they wrote to the LA asking for a forwarding address.

It needs to be established if the OP has actually previously told the council that Mr K and N at 123 street is the Mr K and N who also owns the property at 123 road.

I've had a similar argument many times with Mr Smith or Mr Jones telling us they've moved in to a property and not actually telling us the address they've left and then wondering why the council couldn't link them - councils aren't psychic.

Until the OP establishes what was sent where and when addresses were updated then it cant be determined if the council tax demands have been sent correctly.

Fire_Fox

K_and_N wrote: »

Thanks for all the post here.

I called both the council and estate agent today and it turns out that it's nothing to do with tenants.

Called council first, they said the council tax is for 12 days in April 2008 ( I didn't think they would wait it that long). I then realised that this is the gap between two tenants. They said they have sent bill and 3 reminders to my estate agent (after giving me wrong agent name). And they said when the summons was sent the agent gave them my current address and they sent this to me. The actual council tax is jsut over £35 but with the liability cost and summons cost they are asking £125. So I explained them that I didn't recevie any of them from my agent and I will be checking with them. I then asked how many days I have and they gave me 2 weeks. I sent email afterwards just to confirm the whole conversation.

Then I called the estate agent who said they never received bill or reminder for me. They said the only letter they received from Council is dated 2 weeks ago asking my current address since all the letters to my previous address (I moved to my current address in March 2009) were returned to Council. I have asked for a copy of that letter.

So...where do I stand? I don't mind paying for the Council Tax but am reluctant to pay the summons cost since I wasn't aware of it until now.

What should I do? I'd appreciate any advice.

Did you or did you not at any time notify the council of your correct contact address and can you prove that? If you can then you can demonstrate the council did not serve notices upon you properly and they may waive the charges.

If not you are liable for the costs because you didn't ensure that you received the bills and/ or you didn't ensure the account was settled at the time. Many amateur landlords erroneously think that full management means they have delegated legal liability for all matters to the agent - it doesn't work like that, the agent is exactly that, your stand in. It is not the council's problem that your agent is rubbish (if they are).

I would suggest you pay swiftly and fight it out with your agent.

K_and_N

Hi All,

Thanks again for all your posts.

I called the Council this morning and they waived the summons costs. So I had to pay only the council tax amount plus £3 charges. I was very happy with that and didn't want to question too much. But I think this is what happened.

Council sent bill and reminder to the address I lived after I moved out of the property I own (Agent has provided this address to Council when I first moved out of the property). For some reason I didn't receive them. When they send more reminders, I have already moved to my current address so they were returned by whoever living there. Then they contacted letting agent asking my current address (the agent sent me copy of that letter). Agent provided that and that's how I got the demand with summon costs at my current address.

Like Fire Fox has pointed out, it didn't occour to me that I need to inform Council whenever I moved. I just assumed that LA will be dealing with it.

Anyway I'm just relief that this is now sorted! Thanks again all...

Oh...after I paid the balance on the phone, Council told me that I have credit on another account (I have no idea what it is) which is apprently related to the period when I was living at the property. And they are sending me forms to fill in to claim this credit. I shall wait and see.....