EQUITA, council tax and my car

king100

CIS wrote: »

Thats incorrect . The council tax charge is calculated based on the entire household but only the liable parties are responsible for the council tax due. This will include a resident partner only if the council have summonsed them to court and a liability was granted in their name otherwise they are not responsible for the council tax charge.

Hierarchy of responsibility

There is an order of priority, or 'hierarchy', to who is responsible for the council tax payment on any property.
Basically, if there is someone in the property who fits the first description, they are liable. If there's no-one fitting that description, then the person liable is the one who fits the second description - and so on.
The order of hierarchy is:

1. The person who lives there, who owns the freehold;
2. The person who lives there, who owns the leasehold;
3. The person who lives there, who is a statutory or ‘secure’ tenant;
4. The person who lives there, who has a contractual licence;
5. The person who lives there, or;
6. The owner.

To find out who is responsible for the bill we ask who is living there, and what interest they have in the property. We go through the order of priority in turn, to see which situation applies to the property, to find out who is liable to pay.


Again its the household not just the liable person as you state, so selling the car to her partner wont stop a levy against it.

king100

CIS wrote: »

Thats incorrect . The council tax charge is calculated based on the entire household but only the liable parties are responsible for the council tax due. This will include a resident partner only if the council have summonsed them to court and a liability was granted in their name otherwise they are not responsible for the council tax charge.

I also see you work in Council Tax recovery.

How do you explain the underhanded methods, cheating lying bullying bailiffs that constantly overcharge, fake sigs, lie do unlawful levys on people?

How can councils constantly deny that they are liable for the actions of the bailiffs when they are acting for the council?

Suggest you look up who is responsible for council tax?

You are from Gateshead

Quote from Newcastle Council

Who is liable for Council Tax

Only people aged 18 or over can be liable for Council Tax. Some people are exempt.
Couples, and people who share property as joint owners or tenants are jointly liable for Council Tax. Usually the bill is the name of one person who is responsible for ensuring it is paid. The bill should show the names of all the people in the property who are liable. The council can pursue any or all of these people if the Council Tax is not paid.
Sometimes the owner of a house will be responsible for the bill even if they do not live there. This applies to homes which are classed as those in ‘multiple occupation’, e.g. bedsits. If you are not sure who is responsible for the bill, contact the Council Tax section.


Even a link for you



http://www.newcastle.gov.uk/core.nsf/a/wr_debtfs9


Now tell me whos liable for council tax!!!!!!!!!!


I await your answer.

CIS

Its obvious that you dont understand the inner workings of council tax liability. You are confusing the calculation of the actual charge with the liability.

If you are understand council tax then answer this.

2 adults over 18 in a house - one is the adult owner and one is their adult child. Who is liable ?

There is nothing in the link you have posted which contradicts this - in any case the guidance that is given in a generalised form and not a legislation specific in every case.

king100

CIS wrote: »

Its obvious that you dont understand the inner workings of council tax liability. You are confusing the calculation of the actual charge with the liability.

If you are understand council tax then answer this.

2 adults over 18 in a house - one is the adult owner and one is their adult child. Who is liable ?

There is nothing in the link you have posted which contradicts this - in any case the guidance that is given in a generalised form and not a legislation specific in every case.

No im not, as per Newcastle Council anyone over the age of 18 living in the house is liable for the council tax.

Answer to your question

All of them.

Who is liable for Council Tax

Only people aged 18 or over can be liable for Council Tax. Some people are exempt.


The bill should show the names of all the people in the property who are liable.


But if it doesnt then



The council can pursue any or all of these people if the Council Tax is not paid.


Your from Gateshead, so took from Newcastle council.


Everyone is liable over the age of 18 for council tax. Some people are exempt.

CIS

With regards to his partner. If his partner has been billed as jointly liable and been summonsed as such then she cant be held liable as she has never been summonsed to court and therefore any bailiff action cannot be enforced against her.
1) a liability order cannot be made against a person who has not been summonsed to court
2) a bailiff cannot distrain againat a person who has not been served with notice at least 14 days beforehand - you can only be served notice is you've had a liability order issued against you.

king100

CIS wrote: »

With regards to his partner. If his partner has been billed as jointly liable and been summonsed as such then she cant be held liable as she has never been summonsed to court and therefore any bailiff action cannot be enforced against her.
1) a liability order cannot be made against a person who has not been summonsed to court
2) a bailiff cannot distrain againat a person who has not been served with notice at least 14 days beforehand - you can only be served notice is you've had a liability order issued against you.

Maybe you can tell your bailiffs that then before they levy on her car then?

How many complaints do you get on unfair charges by a bailiff?

Can you please let me know what charges a bailiff can charge?

CIS

No im not, as per Newcastle Council anyone over the age of 18 living in the house is liable for the council tax.

Answer to your question

All of them.

No they are not . (answer is the adult owner)

lets go through this slowly.....


section 6 of the local government finance act 1992 (http://www.legislation.gov.uk/ukpga/1992/14/contents) - persons liable to pay council tax

(1)The person who is liable to pay council tax in respect of any chargeable dwelling and any day is the person who falls within the first paragraph of subsection (2) below to apply, taking paragraph (a) of that subsection first, paragraph (b) next, and so on.

(2)A person falls within this subsection in relation to any chargeable dwelling and any day if, on that day—

(a)he is a resident of the dwelling and has a freehold interest in the whole or any part of it;

(b)he is such a resident and has a leasehold interest in the whole or any part of the dwelling which is not inferior to another such interest held by another such resident;

(c)he is both such a resident and a statutory [F1, secure or introductory tenant]of the whole or any part of the dwelling;

(d)he is such a resident and has a contractual licence to occupy the whole or any part of the dwelling;

(e)he is such a resident; or

(f)he is the owner of the dwelling.

(3)Where, in relation to any chargeable dwelling and any day, two or more persons fall within the first paragraph of subsection (2) above to apply, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.

(4)Subsection (3) above shall not apply as respects any day on which one or more of the persons there mentioned fall to be disregarded for the purposes of discount by virtue of [F2paragraph 2 (severely mentally impaired) or 4 (students etc.) of Schedule 1 to this Act] and one or more of them do not; and liability to pay the council tax in respect of the dwelling and that day shall be determined as follows—

(a)if only one of those persons does not fall to be so disregarded, he shall be solely liable;

(b)if two or more of those persons do not fall to be so disregarded, they shall each be jointly and severally liable.

(5)In this Part, unless the context otherwise requires—

*

“owner”, in relation to any dwelling, means the person as regards whom the following conditions are fulfilled—

(a)he has a material interest in the whole or any part of the dwelling; and

(b)at least part of the dwelling or, as the case may be, of the part concerned is not subject to a material interest inferior to his interest;

*

“resident”, in relation to any dwelling, means an individual who has attained the age of 18 years and has his sole or main residence in the dwelling.

(6)In this section—

[F3“introductory tenant" means a tenant under an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;]

*

“material interest” means a freehold interest or a leasehold interest which was granted for a term of six months or more;
*

“secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the M1Housing Act 1985;
*

“statutory tenant” means a statutory tenant within the meaning of the M2Rent Act 1977 or the M3Rent (Agriculture) Act 1976.

The person who hold the highest interest is liable as can be seen in the bold text.

If then look down the hierachy you can see the resident freeholder and then the resident leaseholder has the higher interest.

In the example I gave the higher interest in the adult owmers so they must, by legislation be the liable person.

king100

lets go through this slowly.....


Dont patronise me

CIS

If you so keen why not ask Newcastle City Council or Gateshead Council directly regarding their policies ?.

Why does it particularly matter which council I work for , which by the way , is not in my local area.

CIS

lets go through this slowly.....


Dont patronise me

ok :think: whos patronising ?

Suggest you look up who is responsible for council tax?

Even a link for you



http://www.newcastle.gov.uk/core.nsf/a/wr_debtfs9


Now tell me whos liable for council tax!!!!!!!!!!


I await your answer.