Unpaid Council Tax for 5 years and a death

KatieB79

Hello,

I am really hoping that someone will be able to provide some guidance, please!

My mothers partner of 18years died earlier this year. He left the house to his nephews with my mother being a lifetime tenant. I am an executor alongside his brother in law.

My mother has recently received a council tax bill for 5 years of outstanding council tax, which is just over £5000. It appears that her partner had not paid any council tax for that period of time and the council had not chased it either. They only realised there had been no payments when my mum changed the name over, which was in February and they have only just requested payment.

The BIL arranged probate, while I dealt with other matters. There is no money left in the estate only the house, which actually had a £14k outstanding mortgage that the nephews paid off, which was a struggle. There are no funds available for the £5000 council tax debt.

Does anyone know where we stand on this? Will we have to raise £5000 to pay the debt? Can they make us sell the house to pay it?

My mother is obviously very worried as are we, I've looked around on the Internet but have really found anything.

Any guidance is greatly appreciated.
Kate

mightymole

get advise from the citizens advice and spk with council if u spk with council and try and work with them they are understanding.

just a question the council tax was that in your mothers name or her partners?

uknick

OP

You might want to ask the mods to move this to the probate section. You might get a bigger response.

antrobus

KatieB79 wrote: »

...Does anyone know where we stand on this? ....

Somebody owes the council £5,000.

KatieB79 wrote: »

...Will we have to raise £5000 to pay the debt? ....

Yes.

KatieB79 wrote: »

....Can they make us sell the house to pay it? ...

Probably yes.

The council will get the money from someone. I don't know, as a point of Council Tax law, as to whether the failure of a resident owner occupier to pay the tax, would enable the council to make someone else further down the hierarchy of liability cough up the money i.e. your mother.

But failing that, the liability would fall on the estate, and if the only asset in the estate is the house, you will either have to sell the house, or get the nephew to stump up another £5,000.

If you have already distributed the estate i.e. transferred ownership of the house to the nephew, then it could be that both you and your brother in law will be personally liable for this debt as executors. Or failing that the council will trace the debt into the nephew's hands as the sole beneficiary of the estate and, at the very least, slap a charge on the house.

System

The executors are supposed to make sure they have made provision for all debts before distributing the estate.Council tax, income tax, etc are pretty obvious things to allow for.
Claims from other unknown creditors can be guarded against by advertising in the prescribed manner in local papers and the London Gazette.

lincroft1710

In Council Tax law two unmarried different sex people living together as man and wife are treated as a married couple, and as such are jointly and severally liable for the CT bill. Therefore your mother is legally liable for this bill.

KatieB79

uknick wrote: »

OP

You might want to ask the mods to move this to the probate section. You might get a bigger response.

Thank you, I have now requested.

KatieB79

Clifford_Pope wrote: »

The executors are supposed to make sure they have made provision for all debts before distributing the estate.Council tax, income tax, etc are pretty obvious things to allow for.
Claims from other unknown creditors can be guarded against by advertising in the prescribed manner in local papers and the London Gazette.

Unfortunately, I did not deal with probate and there was a general assumption by all parties that it was being paid. The council made no mention of it to my mum when she changed the name over in February, otherwise we would of been aware sooner. We just thought the account was continuing

KatieB79

antrobus wrote: »

Somebody owes the council £5,000.

They do and he is dead. Which is how this mess came to light.

lincroft1710

KatieB79 wrote: »

They do and he is dead. Which is how this mess came to light.

No, your mother does, see my post above.

KatieB79

lincroft1710 wrote: »

In Council Tax law two unmarried different sex people living together as man and wife are treated as a married couple, and as such are jointly and severally liable for the CT bill. Therefore your mother is legally liable for this bill.

When my mum spoke to the council, they said as it was his name it had to come from the estate. They would not communicate much more with my mum and would contact us executors, we are waiting for letters.

If my mum had known about this, it would of been sorted out years ago. I can't understand how they've not written or chased it in 5 years!