Council tax repayment

Dashiki

Hello everybody. I have a quick question regarding council tax...
My partner was living in Luton from July till mid September and was renting house with another person, they did not pay council tax at the time, now he has moved to London and that another person still lives in Luton. and about a month ago my partner received a letter arriving to London address asking to repay council tax for 3 months of residence in Luton with another person's name on a letter as well. They've sent out few more letters with both of their names and in the end my partner got a letter to pay a full amount only for himself. We are assuming that they were unable to find a new address of another person, even though on a tenancy contract there were both of their names stated. He called up the council and they demanded the full amount, advising him to pay the full amount and then try to get half of the money from that person (and they don't even keep in touch). Is that actually legal? It seems that they stuggled to find another person,so decided to make money from my partner...Could you please advise us on this issue! thanks a lot!

dzug1

It is normally the occupiers of a property are liable to pay Council Tax. If there are two that doesn't mean half each, it means the lot. How they split is between them is up to them - the Council can (indeed must) pursue whichever of them they can trace for the full tax.

So alas, unless there are special circumstances, your partner is liable for this bill.

pipscot

Dashiki wrote: »

Hello everybody. I have a quick question regarding council tax...
My partner was living in Luton from July till mid September and was renting house with another person, they did not pay council tax at the time, now he has moved to London and that another person still lives in Luton. and about a month ago my partner received a letter arriving to London address asking to repay council tax for 3 months of residence in Luton with another person's name on a letter as well. They've sent out few more letters with both of their names and in the end my partner got a letter to pay a full amount only for himself. We are assuming that they were unable to find a new address of another person, even though on a tenancy contract there were both of their names stated. He called up the council and they demanded the full amount, advising him to pay the full amount and then try to get half of the money from that person (and they don't even keep in touch). Is that actually legal? It seems that they stuggled to find another person,so decided to make money from my partner...Could you please advise us on this issue! thanks a lot!

This is to do with "joint liability and several liability". Both your partner and "another person" are jointly liable for the council tax since they were both tenants. This does mean that the council can demand the entire sum from any of the tenants (rather than splitting it and just demanding a share of the bill).

This is similar to a joint mortgage or a business partnership. You don't have a liability for a share of the bills, you have a joint liability for the entire bill.

Does your partner not have any contact details for "another person". It seems a bit strange to be housemates but not have any phone numbers or anything to contact them?

CIS

pipscot is correct - Council Tax works on the basis of joint liability.

Council Tax liability is determined with reference to section 6 of the local government finance act 1992 ('hierarchy of liability') and if two or more people fall on the same level of the hierarchy then they are jointly liable for the Council Tax due (with a few exceptions).

The council are correct in telling you that your partner is fully liable for the full amount which is outstanding. Your partner would then need to try and re-claim the money from the other occupier.

Dashiki

Thanks a lot everybody, now it's clear that we need to pay full amount and it cannot be split in 2.

pipscot, well he has contact details, just depends on what terms they ended really...

pipscot

Dashiki wrote: »

Thanks a lot everybody, now it's clear that we need to pay full amount and it cannot be split in 2.

pipscot, well he has contact details, just depends on what terms they ended really...

i see!

Hope you get it sorted out!! :)