summons for non payment of council tax

brossnan

Hello,

2 months ago I received a bill for a council tax from 2005-2011. There is quite a sum - £6000. As me and my wife have been living here all those years, we were paying rent to our landlord each week, which is all-inclusive, as the landlord promised us.

So, we went with that bill to our landlord and he told us that he will pay the bill. But he did NOT! That's why this week we received another letter stating that "you, being a person liable to Council Tax have not paid the outstanding as detailed below." As i said, the sum is nearly £6000, which added up from 2005 to 2011, that means council taxes has not been paid all this time. So now i'm summoned to appear to court.

All those year we did not realize that we were living in a "non-existent" flat, until we had to apply for a housing benefits as i lost my job. In order to get benefits, we had to do some paperwork and some guy from council came to measure our flat. We are now getting housing benefits, but we also got that hug bill!

At the moment we are completely lost, because this is a huge amount of money to pay.

Please advise what to do. Our landlord was promising us that everything's included in our rent price. Is there any way to force our landlord to pay that sum?

Thanks

CH27

What does your Tenancy Agreement say?

brossnan

We did not had agreement all those years, but landlord made one before we had to apply for housing benefits on 2010 November for a term of 6 months, which says that "Tenant agrees as follows: to pay the landlord the rent, to pay all water rates, to pay all council tax."

MonkeyMad

Your agreement now is that you pay the rent and the Council Tax so why would you assume it was different previously, particularly since you had no written agreement?

brossnan

Ok, lets say we will pay for the last 6 months, that is on agreement. But can we do something about previous years, when we did not have any agreements?

CIS

You have already posted here -https://forums.moneysavingexpert.com/discussion/3190650- with the same question and the same answer will apply.

We did not had agreement all those years, but landlord made one before we had to apply for housing benefits on 2010 November for a term of 6 months, which says that "Tenant agrees as follows: to pay the landlord the rent, to pay all water rates, to pay all council tax."

The T/A can say what it likes , it cannot override council tax legislation. As I advised you in the other thread you would need to take the matter via the county court aganist the Landlord for breach of contract if you made an agreement with him and you wish to reclaim the council tax payment you made to him. The matter does not affect your liability for the council tax due.

Ok, lets say we will pay for the last 6 months, that is on agreement. But can we do something about previous years, when we did not have any agreements?

No. The lack of any tenacy agreement does not remove council tax liability (even squatters are liable)

fudgecat

So, you have not had a written legal tenancy agreement until 6 months ago, but have paid rent since 2005? How have you paid your rent? If it is in cash, then there is presumeably no proof that you were living there since 2005 and therefore no way to prove that you owed Council Tax for this period (unless you have volunteered the information on your benefit claim form). If you have paid by direct debit, standing order or cheque then you can prove tenancy, but of course it is your word against the landlord`s that the rent was all inclusive of Council Tax. Of course your landlord may have quite a lot to lose if he has been renting illegally or failing to declare the income from your rental... This may give you some leverage in getting the Council Tax paid? You will definitely be liable for the last 6 months, though.

james2005

brossnan wrote: »

Hello,

2 months ago I received a bill for a council tax from 2005-2011. There is quite a sum - £6000. As me and my wife have been living here all those years, we were paying rent to our landlord each week, which is all-inclusive, as the landlord promised us.

So, we went with that bill to our landlord and he told us that he will pay the bill. But he did NOT! That's why this week we received another letter stating that "you, being a person liable to Council Tax have not paid the outstanding as detailed below." As i said, the sum is nearly £6000, which added up from 2005 to 2011, that means council taxes has not been paid all this time. So now i'm summoned to appear to court.

All those year we did not realize that we were living in a "non-existent" flat, until we had to apply for a housing benefits as i lost my job. In order to get benefits, we had to do some paperwork and some guy from council came to measure our flat. We are now getting housing benefits, but we also got that hug bill!

At the moment we are completely lost, because this is a huge amount of money to pay.

Please advise what to do. Our landlord was promising us that everything's included in our rent price. Is there any way to force our landlord to pay that sum?

Thanks

Do not listen to people in council tax that tell you they must pay, its fraud!

unlawful but unfortunately it's not public information.



http://www.youtube.com/watch?v=YVWKpNkav0U

james2005

CIS wrote: »

You have already posted here -https://forums.moneysavingexpert.com/discussion/3190650- with the same question and the same answer will apply.

The T/A can say what it likes , it cannot override council tax legislation. As I advised you in the other thread you would need to take the matter via the county court aganist the Landlord for breach of contract if you made an agreement with him and you wish to reclaim the council tax payment you made to him. The matter does not affect your liability for the council tax due.



No. The lack of any tenacy agreement does not remove council tax liability (even squatters are liable)

I am surprised your still aiding and abetting this fraud CIS!




http://www.youtube.com/watch?v=YVWKpNkav0U

CIS

I am surprised your still aiding and abetting this fraud CIS!

Not this again...

james2005

How dare you say not this again, its a total load of BS and if you really arent aware you need to WAKE up, there is lots of supporting evidence, no point me pointing you towards it all the time, do your own research!