Council Tax Arrear

Hodgy09

Hi Guys,

Any help in this situation would be appreciated.


Right- here we go.

I arrived in Scotland in October and joined a flat on the 27th of November 2008.I moved out of this flat into a and into a new one on June 27th 2009.

Now, me being Australia Council Tax was new to me and I was under the impression I was paying the rent and CT included, or atleast i thought i was.

Turns out I've just received an Arrears Notice from Scott and Co in regards to a bill outsanding for £1560. Very scary.

Now there is 5 other peoples names on this letter and arrears, but it doesn't seem that they have been contacted.I still have them on Facebook

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but that's all the details I have. I spoke to a representive from the company and they say Council Tax is a bill that's for the flat, not per person and if they can't get in contact with these people, then I must pay the whole bill as we are all jointly liable, do I have any rights here?

I've offered to pay my share and leave it at that, but that doesn't seem good enough.

What are my options here??
I think I can still get contact with a few of them as they are all still in Scotland. Can I sue them if they refuse to pay??



Thanks

Karl

HappyMJ

It shouldn't be you that pays the bill. It should be the lead tenant that you were renting/subletting a room from or if it a HMO then the landlord should be paying it and including it each of your individual rents. However, if you had a joint tenancy then you would be liable.

BigAunty

Hodgy09 wrote: »

...



Now, me being Australia Council Tax was new to me and I was under the impression I was paying the rent and CT included, or atleast i thought i was.

What did your contract actually say rather than what you assumed?

Was the property a licenced HMO or should the landlord have held a licence for it?

See the local council website for rules around council tax and HMOs. For example, here the council insist the landlord is liable.

http://www.glasgow.gov.uk/en/Business/PrivateSectorLandlords/Liability+Rules+for+Landlords.htm

G51shopaholic

First you need to check that the house you were staying in was HMO registered for multiple occupancy.
If the other occupants were students and you were not it doesnt mean they shouldnt have paid. Students are excempt from Council Tax BUT if one person in the house works then EVERYONE becomes liable for Council Tax.
Did your tenancy agreement state you were responsible for Council Tax? You need to check otherwise you are liable for 1/6 of the total outstanding Council Tax for the period you stayed. That's assuming there were 6 people staying in the house/flat.

Write to Scott & Co, send copy of rental agreement, if there is no rental agreement that liability falls with landlord.



I worked for a Glasgow Letting Agency for over 7yrs.

Hodgy09

G51shopaholic wrote: »

First you need to check that the house you were staying in was HMO registered for multiple occupancy.
If the other occupants were students and you were not it doesnt mean they shouldnt have paid. Students are excempt from Council Tax BUT if one person in the house works then EVERYONE becomes liable for Council Tax.
Did your tenancy agreement state you were responsible for Council Tax? You need to check otherwise you are liable for 1/6 of the total outstanding Council Tax for the period you stayed. That's assuming there were 6 people staying in the house/flat.

Write to Scott & Co, send copy of rental agreement, if there is no rental agreement that liability falls with landlord.



I worked for a Glasgow Letting Agency for over 7yrs.

Firstly, you for the reply.

Secondly, I dont have the contract anymore ( I know silly). But this was nearly 4 year ago.

The contract did state we must be liable for the CT payments, none of whom were students. I've spoke to Scott and Co and because they only have my details, they say I'm the liable party...but you disagree and say that it's joint, is this correct? I would of thought so. Then surely technically is should be divided quarterly.

They said that if they cannot find the other people then it's my problem? Is this true? Where do I stand in regards to this? I have contact details of phone numbers and places of work for two of the people, but not the other.

Obviously with not having the tenancy agreement anymore, that doesn't help at all, but surely I cant be soley reesponsible for this bill.....I want to fight it.

I've heard they can serve summons and requests on facebook now, is this true?

RAS

Hi

Council Tax is a joint and several liability, which means they can chase any one of the tenants for the whole bill.

Do NOT let any bailiffs into the house; keep windows and doors locked. Do you have a car?

Does the notice from Scots mention the dates of the CT account?

Ring the Council for the value of the liability order for the dates you were in the flat. I suispect that moving in just before the end of the motn nay make you liable for June as well.

Does the note from Scott's list the fees they have charged? If so, please list them here.

HappyMJ

I have to agree with RAS there is no 1/6th split as G51 implies it's either all of it or none of it.

Hodgy09

Thanks again for the reply.
If I can provide contact details for some people can they chase them up? Or will they not bother. I understand the liability stuff, but they should at least chase the other people for money if it's not just one person correct?

It hasn't got to a bailiff stage yet, I hope. It's only an arrears notice. I'm going to the council on Thursday to please my case and then onto the CAB. Surely if I provide work details with contact numbers for the others they can arrest their wages? Or am I wrong in saving this???

hallowitch

they don't have bailiffs in Scotland for council tax its sheriff officers who will arrest your wages or your bank account
I don't know enough to help with this but if you post on the consumer action group web site I'm sure there will be someone who Will be able to help you

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

Hodgy09

Would they contact the others on the CT bill?

Hodgy09

hallowitch wrote: »

they don't have bailiffs in Scotland for council tax its sheriff officers who will arrest your wages or your bank account
I don't know enough to help with this but if you post on the consumer action group web site I'm sure there will be someone who Will be able to help you

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

I've phone Scott and Co and obviously gave them as much details on the people as I have including employment details.

I'll update you with more information when I get it