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Council tax bill from 4 years ago
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ashp_2
Posts: 416 Forumite
Hi,
Today I recieved a letter out of the blue from Coventry council relating to a property we rented for a short time in early 2011. I'm able to pay in full but unsure if we are responsible for the bill.
I found it rather threatening considering this is the first correspondence I have recieved regarding this. The letter had 3 options:
1. Pay the bill in 10 days
2. Get sent to prison for 3 months with £350 costs
3. They will declare me bankrupt with something like £1000 costs
The property was rented on a Assured shorthold tenancy and due to loosing my job I was forced to leave the property just 2 months into the 6 month tenancy to re locate for my new employment. We gave one months notice and handed the property back to the letting agents in the normal way and handed back the keys. We also paid the rent for the remaining 4 months on the tenancy.
From what I can remember at the time I thought as the property was empty and Un furnished and we had given back the keys we would no longer be responsible for the council tax regardless of weather the property was re let or not. I know the laws have changed somewhat since.
I have always paid my coucil tax. Once I had moved I was paying coucil tax on my new property and had no idea I would be responsible for the remaining 4 months on my old house.
Any advice would be much appreciated.
Today I recieved a letter out of the blue from Coventry council relating to a property we rented for a short time in early 2011. I'm able to pay in full but unsure if we are responsible for the bill.
I found it rather threatening considering this is the first correspondence I have recieved regarding this. The letter had 3 options:
1. Pay the bill in 10 days
2. Get sent to prison for 3 months with £350 costs
3. They will declare me bankrupt with something like £1000 costs
The property was rented on a Assured shorthold tenancy and due to loosing my job I was forced to leave the property just 2 months into the 6 month tenancy to re locate for my new employment. We gave one months notice and handed the property back to the letting agents in the normal way and handed back the keys. We also paid the rent for the remaining 4 months on the tenancy.
From what I can remember at the time I thought as the property was empty and Un furnished and we had given back the keys we would no longer be responsible for the council tax regardless of weather the property was re let or not. I know the laws have changed somewhat since.
I have always paid my coucil tax. Once I had moved I was paying coucil tax on my new property and had no idea I would be responsible for the remaining 4 months on my old house.
Any advice would be much appreciated.
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Comments
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It doesn't appear to be clear cut, sadly. Obviously whilst you are in a tenancy agreement you are responsible for paying the council tax, whether you live there or not. The issue is was the 4 months payment, compensation to the letting agent/landlord and the tenancy ceased or did the tenancy continue for the full 6 months. I'd argue that the tenancy ceased and that you were no longer liable.
I'd write to the council, mark it complaint and state 1) you find the tone of their letter threatening, especially as it's the first you've heard of it and 2) you aren't liable as the tenancy was ended and wait and see what they come back with.
Unfortunately for you I'm assuming that you didn't get any surrender terms agreed with the letting agent/landlord when you gave the keys back?
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
With regards to the threats, then 'technically' they 'could' send you to prison or make you bankrupt but that would be completely OTT. I've never heard of anyone being sent to prison and that includes people who deliberately don't pay for years at a time.
I think it's ridiculously unlikely and from what you've said you would have good grounds to challenge it if it came to that (but I'm pretty sure it won't).
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
Thanks for the reply's. There was no formal written agreement with regards to us moving out. They inspected the property we gave the keys back and that was that. We don't know how quickly it was rented again.
We moved to Suffolk and have never heard anything until now despite us being on the electoral register at this a dress for the last 3 years!
I thought empty properties where exempt from paying council tax until 2013 but maybe I was wrong. I will write to them as suggested.
Thanks0 -
Can you prove paying council tax elsewhere ?
Thats the best defence going.I do Contracts, all day every day.0 -
Not sure if I can. I was in company housing on an agricultural tenancy and my council tax was paid on my behalf by my employer so not sure how I could prove it....0
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The fact you were working in a agricultural property makes no difference - as the tenant of the property the council tax (except in certain defined cases) is your responsibility (any personal agreement with your employer cannot overrule legislation).
The council have likely just managed to trace a forwarding address for you. As long as all previous notices have been posted to the last known address they held then they have been served correctly.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.0 -
Thanks, Yes it is stated in my employment contract that my council tax will be paid on my behalf by my employer and that commenced the day after I left the rented property. I could prove this one way or another in court if neccasary.
If I don't pay and end up in court will this work in my favour?
I have spoken to the letting agents we rented from and they are also implying I am responsible for this bill.0 -
Coventry City council are absolutely useless! Can't find their backside with both hands! Find out if you owe it and if you do, contact them about a payment plan. Over three years to track missed payments. Absolutely typical!
Bexster0 -
We even paid all the landlords costs for re advertising etc which used up our deposit.
From what I read if we were still responsible for the old property for that remaining 4 months. Would it not qualify for a "class c" 100% deduction due to it being empty and Un furnished?0 -
I emailed the letting agents asking them to confirm the date we moved out of the property and handed the keys back.
They don't seem to accept that we moved out 4 months early even though they re advertised the property which I paid for!!! The paperwork they sent me has the date the tenancy ended as the date we moved out. This is not true.
I want to fight this based on the fact I was paying council tax on my new tenancy and the house was empty of furniture and Un occupied which I thought at the time would make it class c exempt. The only furniture was landlords or previous tenants in the loft.
Not really sure where to go from here but this bill is over £600 and I am not convinced I should pay0
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