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Council Tax liability whilst Living abroad

24

Comments

  • no fool chap


    keep it real! darn the trolls
  • I give up, any one with sense? can answer the original question?


    not going too far with this am I?
  • lincroft1710
    lincroft1710 Posts: 19,604 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    GM answered your question in Post #2
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • and quoted statue law?
  • booksurr
    booksurr Posts: 3,700 Forumite
    I give up, any one with sense? can answer the original question?

    not going too far with this am I?
    it appears you won't accept an answer other than the one you want - well you are living in dream land...based on what you have said the facts appear to be:

    - you failed to ensure that the notice you think you gave was actually received and processed by your landlord (the housing association)

    - you also failed to inform the council that you had terminated your tenancy, therefore they continued to expect CT to be paid, resulting in you being summoned for non payment

    - under statute law the tenant is liable for CT whilst a tenancy is in existence (google the phrase "hierarchy of liability")

    - you failed to inform the council that you had permanently left the UK and had no intention of returning. Statute law therefore means you are deemed to have retained an interest in property in the UK and that is regarded as your main residence for CT purposes even if you had, in reality, another residence abroad. On paper you had not established that you had no intention to return and therefore you remain liable under CT law for the CT


    I can't be bothered to work out if or when the council and/or your LL decided that the property had been abandoned and they themselves took the correct legal action to terminate your tenancy as a one sided transaction and so closing your CT liability. That is the area you will have to work on yourself if you expect to get this summons overturned.
  • mufi
    mufi Posts: 656 Forumite
    Part of the Furniture 500 Posts Name Dropper
    and quoted statue law?



    Is there a law covering statues?
  • wow, someone with sense booksurr, how many stinky sticks do I need.


    Ok ta for the heads up, all I wanted to know. Closed thread.














    "Grey and beige is all I see" , "I am sure I can smell wee too"




    Free in a developed country, that's an understatement! here comes the sun!
  • booksurr
    booksurr Posts: 3,700 Forumite
    wow, someone with sense booksurr, how many stinky sticks do I need.

    Ok ta for the heads up, all I wanted to know. Closed thread.

    "Grey and beige is all I see" , "I am sure I can smell wee too"

    Free in a developed country, that's an understatement! here comes the sun!
    no idea how old you are or where you have been but you are back in the UK now and thankfully the text generation has not yet taken over, so if you want to continue communicating with the powers that be in this country i suggest you write in proper language - "how many stinky sticks do I need" - !!!!!! does that mean? Is it aimed at me or the world at large?

    yes you are free in a developed country - our countrymen fought and died to make it so. Therefore please do not squander it with a laissez faire attitude imported from "foreign" climes
  • anselld
    anselld Posts: 8,769 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    booksurr wrote: »

    - you failed to ensure that the notice you think you gave was actually received and processed by your landlord (the housing .

    The OP is not required to confirm receipt and processing. If they can prove that notice was correctly served at "the address for serving notices" that is sufficient and the rest is the LL problem.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    CT is payable on property. The fact that you moved overseas changes nothing if you were still responsible for the property.

    Under contract law (not statute) you were the tenant. As long as you remained the tenant, you were responsible for the property, the rent, the utilities, the council tax etc.

    If a home owner goes abroad, leaving empty the property they own, they are still liable for CT.

    Of course, some councils offer discounts for empty properties, and you may be eligible for this, but that has to be applied for and agreed with the CT dept.

    Your passport may help you claim an empty property discount (but not till you ask for it, and show them!) but it certainly won't help prove your liability as a tenant ended.
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