Notice of Liability Order - Council Tax

PondDipper29

I don't know if anyone can help, but advice appreciated.

I have never missed payments for 2 properties I let, or my own property.

At the end of June a tenant vacated a property & the next tenant moved in on 1st August, therefore, the property was unoccupied during July.

In August I received a demand for Council Tax & was advised by the Council that I was still exempt as the property was let. On purchasing the property I had paid the Council Tax & received a refund when the first tenant moved in.

In November I received a more serious letter (possibly a summons) & was advised by the Council that they needed to prove the property was unfurnished to keep the exemption , which was not possible. I advised that the letting agent I had used could prove the property was unfurnished (info & pictures). This was not accepted so I tihought I didn't want to be associated with non-payment & paid the £119 on 25th November, by cheque & hand delivered. The cheque was cleared on 12th December.

Today I have received this Notice for £90, "including the sum of £90 costs awarded by the Court".

Can this be correct? I have to pay this £90 within 14 days - not sure what it is for yet.

CIS

In August I received a demand for Council Tax & was advised by the Council that I was still exempt as the property was let. On purchasing the property I had paid the Council Tax & received a refund when the first tenant moved in.

So the problem comes from the period between the tenancies.

This was not accepted so I tihought I didn't want to be associated with non-payment & paid the £119 on 25th November, by cheque & hand delivered. The cheque was cleared on 12th December.

The cheque cleared on 12 December 2012 but what date was the court hearing ?.

The minimum period between a court summons and the liability order hearing date is 14 days. Even if you received the summons the day after it was issued and sent the payment straight away then the 14 days would have been up on 9th December 12 which, would be a Sunday, but still prior to your cheque being cashed.

If you paid the summons costs and the council tax charge due but the cheque did not clear by the date of the court hearing then the council would still continue the case and any liability order costs which were granted by the court would be recoverable under the order.

PondDipper29

Thank you for your reply.

The hearing took place on 18th December. I hand delivered a cheque for the council tax on Monday 26th November, but it took 2 1/2 weeks to clear - 12th December.

I had an operation at the beginning of December & had been on strong pain killers before this & was struggling to get by, so was not as sharp as I normally am . I only paid the council tax as I had lost the letter. Should I have been asked for another payment if this was needed?

CIS

You need to check with the council as to exactly how much (council tax and costs) was due at the time the summons was issued.

If you paid the amount shown on the summons (and any costs) before the liability order hearing then it should not have been proceeded with (based on your cheque clearing before the hearing date).

PondDipper29

I will check with the Council if I should have paid anything else.

The Council Tax statement is in our joint names, but only one name was on the Notice - why would joint names not be on the Notice?

CIS

The Council Tax statement is in our joint names, but only one name was on the Notice - why would joint names not be on the Notice?

A single Council Tax demand notice is issued showing all the names of the liable parties whereas for a court summons each liable person is individually summonsed.