Council tax charge when not living there

MykMallett

My girlfriend has just received a court summons for a flat she no longer lives in. She moved in in September and out again end of October. She paid this Council tax and rang and told them she was leaving. She then heard nothing

Today she received a summons for unpaid council tax for the property, despite not having received anything beforehand. She has rang up and told them, reaffirming that she doesn't live there, and they have told her that they are charging her until march.

<rant>
This is ludicrous. Another shining example of Council Tax people not giving the slightest sh*t about people and just demanding money they have no right to - I've experienced this first hand too.
</rant>

Anyone have any helpful advice for this?

CIS

Today she received a summons for unpaid council tax for the property, despite not having received anything beforehand. She has rang up and told them, reaffirming that she doesn't live there, and they have told her that they are charging her until march.

I'm assuming the property is rented - when did her tenancy end ?

MykMallett

She had, and has, no tenancy agreement. She was just living there and her friend who owns the flat put her name on the council tax when she moved in.

Also, it's worth pointing out that the only person living in the flat is a full time student

CIS

She had, and has, no tenancy agreement. She was just living there and her friend who owns the flat put her name on the council tax when she moved in.

Has the friend confirmed to the council who is resident ?, as the landlord her confirmation should sort the problem.

Also, it's worth pointing out that the only person living in the flat is a full time student

Which will by why your friends name is likely on the demand notices etc.

She moved in in September and out again end of October. She paid this Council tax and rang and told them she was leaving. She then heard nothing

Has she discussed this with them ? - if she can supply the number she called from and the approx date/time then most councils now record incoming calls.

MykMallett

She's trying to get on the phone with them now but not having any luck getting through after over an hour.

What plan should she take then, should she get the landlord to write a letter confirming that she had moved out and the only tenant left was the full time student and send that to the council, or should she take that to the court summons?


Thanks for your help

CIS

What plan should she take then, should she get the landlord to write a letter confirming that she had moved out and the only tenant left was the full time student and send that to the council, or should she take that to the court summons?

Your best off getting the letter and taking it in to the council offices but you also need proof that she had contacted the council - taking it to the court would not prevent the liability order being granted. The magistrate has to grant the order unless it can be shown the council have billed wrongly.This would require proof not just a letter confirming they moved out - the summons is not just for council tax it also covers any costs. The Liability Order cane be proceeded with for costs only.

Even if proof could be provided to the magistrate then the strict letter of law would require that they still grant the order - technically council tax bills are deemed to be correct until such point as you receive an amended one - however they will usually ask that the council agree the order should not be granted in these sorts of cases ( a common sense way around the rules) and the council would usually agree.

MykMallett

Ok thanks for your help, I'll tell her to get the details and go into the council office asap