Council Tax Liability.

mstiggy

Hi ,
I am just posting thread on behalf of my son. In 2008 he moved into a shared house it wasn't a hmo. By Dec 2008 he and the lad he shared with had a small amount of council tax arrears for which there was a payment plan in place. Even so their payments were still sporadic. In Jan 2009 my son was made redundant and claimed housing and council tax benefits and was awarded both. The other lad was made redundant a few weeks later but because he had been working off the books and had not been paying tax or nat ins he didnt claim any benefits and because of this he stopped paying any of his share of the council tax bill. My son was paying 5.00 per week from the arrears that already had a payment arranhement for.

My son moved out and went away in May 2009 to try to find work the other lad still lives in the house. The council eventually summoned them both for the arrears and because my son was away I went to court in Feb 2010 on his behalf at which time the council reps told me the other lad had made a payment arrrangement with them.

Last week however my son recived a letter from council saying there was a outstanding amount of 90.00 and that the other lad hadnt kept to the arrangement and so therefore if my son dosent make a arrangement they would send the account to the bailiffs.

My son has no fixed abode at the moment he stays with me a few nights and his gran a few nights. The only thing he owns is a car worth very little but is fortunately now working again and is getting back on his feet. My question is does anyone know will the council still pursue this other lad if my son makes a payment arrangement with the council, or should we let it go to court at which point my son can prove that he paid his share of the arrears and was in reciept of benefit for the period jan to when he left in may. It just seems so unfair this other lad is going to get away with paying nothing.

DarkConvict

The council will use bailiffs without a thought, and will send them to the last known address. They can only take what belongs to him though.

Have you worked out what your son owes? If he doesn't owe anything then tell them so. The problem is that since it was only reduced concill tax rather than exemption like a student you may find it difficult as it could be considered a joint debt and they will chase both for the full amount. Whoever hides the best may get away with it.

Get the yearly figure and divide 365 to get CT due per day.
Work out how many days he was there for, then work out how many days he was there for during the benefit period, work out how much was paid vs how much was owed.

CIS

My question is does anyone know will the council still pursue this other lad if my son makes a payment arrangement with the council, or should we let it go to court at which point my son can prove that he paid his share of the arrears and was in reciept of benefit for the period jan to when he left in may. It just seems so unfair this other lad is going to get away with paying nothing.

As joint liable partie sit makes no difference that one of the occupiers was claiming Council Tax Benefit, in Council Tax legisaltion Council Tax Benefit it treated no differently for a cash payment.

The fact he part paid the balance or claimed Council Tax benefit is not a defence against the liability order as he is still jointly liable for the balance due. The magistrate would have no choice but to grant the liability order.

Recovery action can only be taken against one party at a time so if he is paying then there is no need for the council to pursue the other occupier if one is paying.