Small claims court.

s.slack

Hi all I was wondering if somebody could advise me, I have been locked in a dispute with the council since April regarding liability of council tax on a property I used to rent. I do not own the property but the landlord has stated to the council that as I am under a 20 year lease I am liable whilst the property is empty, I keep telling the council I have not signed any such lease placed an appeal with the council asking to see this supposed lease. To cut a long story short the appeal was closed and I had to pay the bill as the company had supposedly provided them with a copy of a lease with my details filled in, they stated it wasn't the original as that was held at their bank so it was unsigned. So I put in a subject of access request to see this as the council did not provide it to me, and sure enough there is a copy of a land registry document with my details on. I have not signed any lease I was not under lease so I contacted the land registry who have got back to me today stating that the title numbers I provided when enquiring are the freehold title numbers and there is no lease or ever has been registered with them for that property (which I obviously knew anyway as I hadn't signed one) so can I now claim my money back through the small claims court and also an amount for damages from the company as this has been going on since April, and would the police be interested in the fact they have falsified documents? any help would be much appreciated, thank you in advance.

InsideInsurance

As far as you are concerned you were leasing or renting the property? Do you have your signed copy of the tenancy agreement assuming that you thought you were just renting it on an assured short term tenancy?

s.slack

InsideInsurance wrote: »

As far as you are concerned you were leasing or renting the property? Do you have your signed copy of the tenancy agreement assuming that you thought you were just renting it on an assured short term tenancy?

I was renting, and I was on an assured short hold tenancy with the previous owners and then this new company brought it and I never actually signed anything with them at all. I paid up 2 months notice and left and didn't think anything of it until 2 years later when I received a court summons for council tax, I rang the council and I was still being held liable for this year even though there was new tenants in the property since Oct 2013. So I sorted that with the council and then the dispute was over who was liable whilst it was empty.

InsideInsurance

Do you have a copy of that contract?

Presumably the contract did have a break clause with 2 months notice in it? If a new tenant moved in, how long is the vacant period?

CIS

If you're disputing council tax liability you would need to take the dispute to a Valuation Tribunal for them to make a decision.

s.slack

InsideInsurance wrote: »

Do you have a copy of that contract?

Presumably the contract did have a break clause with 2 months notice in it? If a new tenant moved in, how long is the vacant period?

I don't have a copy of that I'm afraid as I moved house and got rid of things I didn't think I needed anymore. the empty period was 15 months, and yes I was supposed to give 2 months notice and vice versa.

s.slack

CIS wrote: »

If you're disputing council tax liability you would need to take the dispute to a Valuation Tribunal for them to make a decision.

I've already paid the money as the council closed my appeal even though the company didn't provide a signed lease, I'm hoping to recoup the money I have had to spend as I don't own the property so shouldn't be liable if it's empty.

CIS

I've already paid the money as the council closed my appeal even though the company didn't provide a signed lease, I'm hoping to recoup the money I have had to spend as I don't own the property so shouldn't be liable if it's empty.

You could still appeal via the tribunal if you wished - paying the charge doesn't affect the situation in that respect. If you win, and it's no cost to yourself (other than time) to use the tribunal, the council would have to refund you.

At the moment the small claims court would undoubtedly be provided with the council tax records as proof you're liable and I suspect the court would accept that.

s.slack

CIS wrote: »

You could still appeal via the tribunal if you wished - paying the charge doesn't affect the situation in that respect. If you win, and it's no cost to yourself (other than time) to use the tribunal, the council would have to refund you.

At the moment the small claims court would undoubtedly be provided with the council tax records as proof you're liable and I suspect the court would accept that.

Thank you for replying I might just take it to the tribunal then. would the small claims not look at the false evidence they have been provided with it would be the company I would take to court not the council? if I could prove there was no lease in place for me to be liable? and would also want the police to look at it because surely its fraud providing false documentation?

s.slack

s.slack wrote: »

Thank you for replying I might just take it to the tribunal then. would the small claims not look at the false evidence they have been provided with it would be the company I would take to court not the council? if I could prove there was no lease in place for me to be liable? and would also want the police to look at it because surely its fraud providing false documentation?

Also the council did state in their letter closing my appeal that I should take it up with the company involved which is why I thought small claims?

CIS

s.slack wrote: »

Also the council did state in their letter closing my appeal that I should take it up with the company involved which is why I thought small claims?

That's 'council speak' for "We've made our decision on liability, any other agreements are between you and the company". If you wish to appeal to a valuation tribunal in respect of the council's decision you have to advise the council first and ask them to re-consider within 2 months - once they reply (or fail to within the 2 months) you can up it to the Valuation Tribunal.