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Claiming former housemates share of Council tax back after paying for her?

2»

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    G_M wrote: »
    Person A is mad!

    When Person A moved out he/she should have written to the council to tell them and all liability would have ceased. If Person B then did not pay, that would be Person B's problem....

    No, I think Person A would remain liable for CT for the duration of the tenancy agreement, irrespective of whether or not they were physically present at the property. One would need further information from the OP regarding the tenancy agreement to be precise on the matter.
    G_M wrote: »
    ...When Person A moved out, Person B should have written to claim 25% Single Person Discount....

    Yes, that's what Person B should have done.
    G_M wrote: »
    ...If Person A now wishes to sue Person B they will have to prove the date they moved out (ending their CT liability - difficult as they did not tell the council).

    Bear in mind that the council does not 'apportion' shares of the council tax. they do not charge each person half each. CT is payable in full on the property, and will chase each person for the full amount, in a specific order.......

    Person A can indeed sue Person B, but only in respect of their half of the CT bill.

    The OP does not make any reference to any costs associated with the property such as, say rent, and whether or not they continued to pay their 50% share of those costs for the remainder of the lease.

    After all Person B might well be just a little p****ed off at being lumbered with 100% of the utility (whatever) bills, after their 'friend' jumped ship mid-way.

    Just sayin' that's all.
    G_M wrote: »
    ...I suppose Person A might be able to now inform the council of the date he/she moved out, and claim back the CT paid since that date..........

    I don't think so myself. The council will tell them to jog on.
  • rosie383
    rosie383 Posts: 4,981 Forumite
    Surely if it's just the final payment it can't be a huge amount. I know that it would be annoying to be owed money, but I think it could be a long drawn out process with a lot of hassle and more anger and frustration and would it be worth it in the end?
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No, I think Person A would remain liable for CT for the duration of the tenancy agreement, irrespective of whether or not they were physically present at the property. One would need further information from the OP regarding the tenancy agreement to be precise on the matter.
    Not if someone else was resident with their 'sole or main' residence in the property and Person A was no longer 'solely or mainly' resident in the property.

    If Person A vacated the property and Person B stayed on to live in the property then the council have a requirement to update their records when informed (providing suitable evidence of the change in circumstances can be provided to them).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If they have paid 50/50 up until the final bill, then person A just needs a copy of their bank statement showing 50% payments and then the last payment in full.

    They then need to send person B a letter before action asking them for their 50% share (along with a copy of the evidence) and giving the 21 days (or a suitable time scale) to pay before you take them to court. I would also remind them that if it goes to court, they will also be responsible for costs if/when they lose.

    If person B has any sense, they will pay up. I assume they have no evidence in writing stating that person A agreed to pay the whole lot?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    Fixed term or periodic??
    I know she had to renew it after 6 months and would have had to pay a fee to renew it should they have stayed after 6 months.
    ??????
    So when the fixed term ended after 6 months:

    * did she or did she not sign a new tenancy agreement?

    * did she or did she not move out?

    It can make a difference to CT liability
  • G_M wrote: »
    ??????
    So when the fixed term ended after 6 months:

    * did she or did she not sign a new tenancy agreement?

    * did she or did she not move out?

    It can make a difference to CT liability

    Both tenants moved out without renewing tenancy.
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