Business Rates Summons.

Neil_B

Hi. Not sure if the right place to post.

I was responsible for NNDR at a premises until ealier this year. I was paid up to date and, due to payment by DD I am owed a small surplus payed for a period after I left.

I advised the Council of my departure, i think by phone. Not quite immediately but within a month of leaving. My recollection is that they agreed to process that info. I'm currently checking to see if I actually wrote to them - possibly.

I was unwell at the time and have been since. I eventually contacted them again, 3 months later. On the phone they asked for details of the new person liable. I gave what details I had (easily sufficient) and the officer agreed to process the matter there and then and refund my overpayt.

I heard nothing until an e-mail a few weeks later asking again for details of the new person liable. Unwell again, I responded 3 weeks later reminding them of the telephone agreement and repeated the info given. I also asked them to confirm I may disregard their demands that had been arriving at my home address.

That was 22/9/10 and no response received.

I now have a summons for £7k +.

I repeated my e-mail response, expressed disgust and advised them that my next communication would be a Notice Before Action for the money owed to me!!
I copied this to a second more general address for the Dept.
(all e-mails have been BCd back to myself so I have proof of all communication in that respect).

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I then phoned the number on the Summons. They claim I have never co-operated in providing the new operator's details despite their 4 requests??
This officer was rather curt, no rude actually. When I said I had proof he doubted it. It turned out that the last person to e-mail the question, to whom I responded directly, had left and the e-mail address was defunct. This, to him seem it seemed, was my fault????
(very Council LOL).

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Now the bit I'm a little worried about. I asked him to confirm that the Summons was now cancelled. He responded ''No, I will answer your e-mail in kind''. ?? He repeated this when pressed for what that actually meant.
To me it sounds rude at best and also threatening.

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If necessary I fully intend to attend the hearing and present all of my evidence against liability.

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Couple of obvious questions.

1/. Is there ANY legal requirement for a departing Tenant/Leaseholder to advise details of a successor/new operator?
(links to relevant actual legislation appreciated if possible).

2/. Am I right in understanding that the new operator is wholly responsible for failing to make himself known to the Council and IS liable for 100% of his time at the premises?

3/. Any other reasons or possibilities that I might technically/legally be liable in some way???

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Little bit more of interest.

The new operator was a local resident and presumably Council Tax payer of the same Borough. I also gave them that info.
They could easily have confirmed the details I gave with the freeholder of the premises.
The new operator has, i am told by hearsay, left and also left the area.

Neil_B

Sorry to bump!!!!

Obviously I was a bit long winded while angry.

To simplify --- I have been summonsed for £7K Business Rates for which I AM NOT liable.

Then the few questions at the bottom of first post remain.

Thanks.

lincroft1710

Neil_B wrote: »

3/. Any other reasons or possibilities that I might technically/legally be liable in some way???

I vaguely recall some years ago reading/hearing about a type of tenancy/lease where if the original tenant/lessee left before the end of the tenancy/lease and subsequent tenants/lessees did not pay their rent or rates then the original tenant became liable for these.

However my memory may well be at fault and your situation could be completely different.

Neil_B

yes. Thank you. I believe I stumbled upon that in research.

It doesn't apply in this case because i was a temporary Tenant and my successor had a 1 year fixed Tenancy. Hence it may well apply to them.