Former housemate has retrospectively created a council tax account in my name!

ValHaller

one_bullet_left wrote: »

Well effectively, John is easier to collect from, since he was the one who set up the account. The only reason they're pursuing me too is because he set up a joint account with my name included. I would imagine that if I turned round and said "nope, nothing to do with it, sorry" they'd just look straight back at John, since so far he's the only one who has actually admitted to living there?

I don't actually mind paying my 1/3rd share, I can pay that off quite easily in installments. I just object to it because I gave him cash to cover all the bills, and left him in charge of it and he basically screwed me over.

I'm slightly curious to know what would happen if I denied even living there - does a signature on a tenancy agreement alone provide enough proof of liability for council tax?

Don't deny living there, it will cause you more problems. In your position, I would act fairly quickly to put in a small claims court claim against John if you have his current address - in 2 parts

• the money you paid him in cash
• his share of the council tax bill

If you can be sure that the paperwork will reach him, it will give him a CCJ to worry about which is worse for him than a CT liability order would be for you - and if he left without rent arrears it looks like he might be worried about a CCJ.

That leaves you to pay the council tax and you should come to an arrangement for this.

CIS

Not sure if this is the correct subforum for this, but as the title says, my former housemate has created a council tax account in my name without my permission or knowledge. I only found out because I just got a letter out of the blue from the council, who have used a credit check to find my current address. He also has his name on the council tax account, so I'm assuming he's trying to get a 50/50 split to avoid paying so much.

The council will have made the decision to add your name in order that the records are correct - you were a resident tenant and therefore jointly liable for the entire charge.

but not directly to the taxman, I paid it in cash, to John, who was supposed to be dealing with this as he was the lead tenant.

For council tax purposes any agreement over who is the 'lead tenant' has no bearing whatsoever as its purely a personal arrangement which is entirely separate to council tax legislation

one_bullet_left

ValHaller wrote: »

Don't deny living there, it will cause you more problems. In your position, I would act fairly quickly to put in a small claims court claim against John if you have his current address - in 2 parts

• the money you paid him in cash
• his share of the council tax bill

If you can be sure that the paperwork will reach him, it will give him a CCJ to worry about which is worse for him than a CT liability order would be for you - and if he left without rent arrears it looks like he might be worried about a CCJ.

That leaves you to pay the council tax and you should come to an arrangement for this.

It was only purely out of curiosity, I don't actually intend on doing that. :P

I do have his current address yes, but I'd be worried that a small claims case wouldn't be successful on the basis that there is no evidence for me giving him any money whatsoever - it's my word against his.

CIS wrote: »

The council will have made the decision to add your name in order that the records are correct - you were a resident tenant and therefore jointly liable for the entire charge.

The council had no idea that I lived there - and there were two other people living there, so their records are not correct regardless. Also when I asked them why my name was on there, I was told that it was "set up as a joint account", not that they found me on my own.

olly300

one_bullet_left wrote: »

It was only purely out of curiosity, I don't actually intend on doing that. :P

I do have his current address yes, but I'd be worried that a small claims case wouldn't be successful on the basis that there is no evidence for me giving him any money whatsoever - it's my word against his.

Do you have bank statements showing you took large sums of cash out on a particular date every month that is a day or two before your rent payment date?

Is the amount you took out every month around the same?

If so you have enough evidence to take him to small claims.

Small claims judges are use to disputes like this and use the balance of probabilities to do a ruling.

The fact you are a sub-tenant as well helps your case. Especially if you have any documentation stating he is the one to deal with the landlord/agent.

If you binned this tenancy documentation then it doesn't help your case but it can still be especially if you have the documentation for chasing your deposit.

Councils often only put two adults name on the council tax but will chase all adults they can get in touch with if the council tax isn't paid. I suggest you ensure the council has the full name and current addresses/parental address of everyone who lived in the property.

HardSpend

I would write a letter to John explaining what you believe is the situation and what you want him to do about it with the later intentions of taking that letter to small claims. A positive response might be the end of it.

If not then at least the letter saves gives something for the judge to read prior to the case without you having to explain everything again in case you forget something you've got it all written down. Shows you've tried to resolve the situation as well.

Kayalana99

OP - thier is many ways people know where your living just because your not on the bills doesnt mean thiers no 'record' of you being thier.

Im not going to bother listing all the ways but since you did sign a tenacny that in itself would be enough.

If you go down the route of saying you never lived thier so its not your problem they will prove that you did and hit you with the bill and not care what you say after that as they will already think your a lier.

Tell them the truth now, write the letter and see what happens. Lying isnt going to get you out of this situation its only going to make it worse.

thelem

- Is the disputed council tax for the period that you were in the property?
yes
- If so, have you paid your share of the tax (which I would expect to be 1/3 of the tax due unless otherwise agreed)?
yes - but not directly to the taxman, I paid it in cash, to John, who was supposed to be dealing with this as he was the lead tenant.

In that case the council can take you and/or John to court to recover the unpaid tax. That you have already paid your share to John will not be a defence.

You will then need to separately persue John for what he owes you.

It is in your interests to be in regular contact with both the council and John. If the council know your situation then they may be willing to accept payment in installments, but if you just ignore them you're likely to end up with a court date.

It sounds like you've not spoken to John about this at all - it's possible it's just an admin error by the council that he's already sorting out. I find it's best to speak to someone (face to face or by phone) to quickly discuss the issues, then follow up with a letter to record what was agreed by phone.

one_bullet_left

olly300 wrote: »

Do you have bank statements showing you took large sums of cash out on a particular date every month that is a day or two before your rent payment date?

Is the amount you took out every month around the same?

If so you have enough evidence to take him to small claims.

Small claims judges are use to disputes like this and use the balance of probabilities to do a ruling.

The fact you are a sub-tenant as well helps your case. Especially if you have any documentation stating he is the one to deal with the landlord/agent.

If you binned this tenancy documentation then it doesn't help your case but it can still be especially if you have the documentation for chasing your deposit.

Councils often only put two adults name on the council tax but will chase all adults they can get in touch with if the council tax isn't paid. I suggest you ensure the council has the full name and current addresses/parental address of everyone who lived in the property.

I have online banking, and can get copies of statements showing cash withdrawals from that time. Some of the payments were late - John paid for me and I paid him later. Also, the estate agent should have kept information about who paid them what - signed receipts in other words.

The estate agent would have the information about who was the lead tenant, there was no information given to any of us - I do not recall being given any copy of the tenancy agreements either. If there was one, it was given to John, and we all had to sign it. The contract was a 6 month tenancy, which they "amended" with a new name on it when Jim moved in, so not sure how legal this practice is.

Basically I'm reliant upon the information that the estate agent has kept.

Just so I know, if I tell the Council that I was subletting from John and paying him my share of the tax, how likely are they to continue to pursue me?

My other concern is that utilities companies will be next to start chasing me. I seriously regret subletting with anyone now. Just because my name was on the tenancy agreement I'm now implicated in a whole bunch of costs that weren't even my fault. >:(

CIS

Just so I know, if I tell the Council that I was subletting from John and paying him my share of the tax, how likely are they to continue to pursue me?

You would have to prove it - if you can then you are not liable however you have stated that you were on the same tenancy as 'John' so therefore you can't be his sub-tenant.

one_bullet_left

CIS wrote: »

You would have to prove it - if you can then you are not liable however you have stated that you were on the same tenancy as 'John' so therefore you can't be his sub-tenant.

So basically then, it looks like I'm going to have to pay my share. Obviously I'm going to have to write to the council and inform them of the other two tenants who were jointly liable as they were also named tenants during that period; Jim and Jane.

Will the council accept me paying 1/3rd of the bill?