Council Tax

sxc4eva

Hi,

I don't know if anyone can help, but I have been having some difficulties with Coventry City Council over council tax for a property from April 1994 to October 1995. I was on benefits and my council tax was paid by them, however another tenant that lived in the shared house owed monies from this period. As they cannot find him, or rather refuse to look for him, they are taking money from my benefit and have been for about two years now. I only found out when I recently got a letter of deductions and enquired as to why they were taking the money.

I have been in contact with CAB and following advice, I wrote a letter to the council tax, stating that firstly it was a case of HMO and also that I believe that I had actually moved from those premises by that time, however they are now saying that I need to prove this by way of a tenancy agreement, I thought that in the British judicial system, if they are taking money from me, then they should prove that I owe the money, instead of me having to prove that I don't.

I suffer from mental and physical health problems, and as part of this my memory is an issue, so I don't even remember the landlord companies name, though I know that the company no longer exists and the owner is now deceased, so obtaining any copy of a tenancy would not be possible.

CIS

I have been in contact with CAB and following advice, I wrote a letter to the council tax, stating that firstly it was a case of HMO and also that I believe that I had actually moved from those premises by that time, however they are now saying that I need to prove this by way of a tenancy agreement, I thought that in the British judicial system, if they are taking money from me, then they should prove that I owe the money, instead of me having to prove that I don't.

Your problem is that the council have a Liability Order (Court Order) stating that you are liable for the council tax and the onus is now you on to prove otherwise.

Asking for tenancy agreements/proof of residence is perfectly reasonable from them as they obviously have information showing you are liable and they must have had this information for quite some time.

Why do you think it was a HMO ?

sxc4eva

CIS wrote: »

Your problem is that the council have a Liability Order (Court Order) stating that you are liable for the council tax and the onus is now you on to prove otherwise.

Asking for tenancy agreements/proof of residence is perfectly reasonable from them as they obviously have information showing you are liable and they must have had this information for quite some time.

Why do you think it was a HMO ?

Well I had my own bedroom with a lock on the door as did 2 other tenants, and it was shared facilities. The landlord paid the utility bills.

Also I am sure I moved out of the property when I was 21, as I bought a Ford Escort RS Turbo, when I was 21, and I never lived at that address when I bought that vehicle, and I was 21 in 1994, now they are saying this other tenant owed the money from April 1994 to October 1995, there is no way I lived there then, but the question again is how can I prove it? I have no paperwork going back that far

CIS

Well I had my own bedroom with a lock on the door as did 2 other tenants, and it was shared facilities. The landlord paid the utility bills.

What was the situation regarding the rent payment ? -multiple tenants does not in itself make a HMO for Council Tax purposes.

I have no paperwork going back that far

Where did you move to after this property ?

sxc4eva

The rent was paid by Coventry City Council to the landlord, as my Council Tax was also paid in full by benefit, however the Council said to me that their records only go back 5 years, so they are unable to clarify where I lived and claimed at the time, also the council tax are unable to confirm where I was getting paid for at that time, so it seems funny that they can pursue me for an amount outstanding by another tenant.

I moved to another place in a different area of the city, which was council flat, and again it was paid by benefits, as I have several disabilities, so I am unable to work to date.

It just seems that every way I turn I am hit by a dead end, I would of thought that I should of been notified of court proceedings against me, so I could of had a chance to have my side put across. It is just looking like that I have to continue to pay off this persons £900 debt till it is paid

CIS

The rent was paid by Coventry City Council to the landlord, as my Council Tax was also paid in full by benefi

It was a Council Tax HMO then you couldn't have claimed Council Tax Benefit.

so it seems funny that they can pursue me for an amount outstanding by another tenant.

At the moment they are treating you as joint tenants so irrespective of any Council Tax Benefit received you are liable for any Council Tax due for that period.

I moved to another place in a different area of the city, which was council flat, and again it was paid by benefits, as I have several disabilities, so I am unable to work to date.

There should be Council tax records showing this.

sxc4eva

CIS wrote: »

There should be Council tax records showing this.

I have asked them about that, they deny having any records for that period, there were 3 of us in the house share, but I am only having problems with the one person. My brother works for the Council Tax department in Coventry, but I fail to see that he will be able to help. He did asked me to email the information that I have, but obviously if any worker is trying to resolve it, then it seems that it cannot be resolved, so I will just have to keep on paying it.

When I contacted them from the CAB, they said all that I needed to do was put it in writing that I believe I didn't live there, and the fact that it was multiple tenants and they would resolve the matter, obviously unless I can find a tenancy agreement or something, then I guess I am just wasting my time.