Rented property council tax demand

cloud84

Hello i'm posting this on behalf of my partner.
Two weeks ago he noticed that council tax had been taken off his pay. Knowing ours is paid etc he contacted the council they said it related to a property which he lived in 3 year ago with his then girlfriend.
They moved in on september 2012
She moved on march 2013
He moved out April 2013
He contacted the council to tell them and moved on to a new address in a different area.

Now the council are saying he did not inform them and they need proof that he moved out in the April. They are stating he lived there until the new tenants made contact in the January.

However, since it was such a long time ago he doesn't have anything relating to that property. We have been through all his paper work.
Is there anything he can do? Seems very one sided.

Thanks Lucy

G_M

I asume since this was deducted from his pay:
* the council had taken him to court
* the court ordered him to pay
* he failed to pay
* the council applied for a deduction of earnings
* the court awarded the council a deduction of earnings

???? and he knew nothing of any of this?

As for the liability:
* where did he move to in April 2013? Was he paying council tax there?
* was he a tenant, or owner, at the property he shared with his gf in 2013?
* Did his tenancy/ownership end when he moved out in April 2013? ie did he sell the property? Or serve proper notice on the landlord?
* what does the new owner say (if he sold)?
* what does the landlord say (if he ended a tenancy)?

nidO

Copies of bank statements showing no more payments to ex landlord after April 2013, and corresponding new payments to new landlord/mortgage provider starting May 2013?
Council tax bill from new property starting May 2013?
Tenancy agreement/mortgage document for new property starting May 2013?

These are all pieces of paperwork your partner should currently have.

cloud84

No he knew nothing!

It was a complete shock, both he and I are very diligent with regard to bills etc so it's even more upsetting. Are the council suppose to do this?

He was renting up to April then moved on to a different council area also renting. When leaving the property he gave notice to the landlord (unfortunatly this was an email which has since been deleted)

He has had no contact with the landlord since leaving the property in April 2013.

The council say proof of paying council tax at another property is not evidence that he was not at that property.

Although I never thought of showing that he stopped paying rent on that property. So we could see if they will accept that.

Should the landlord not of also contacted the council to tell the property was empty?

Thanks Lucy

chappers

cloud84 wrote: »

The council say proof of paying council tax at another property is not evidence that he was not at that property.

No but with other supporting evidence such as a tenancy agreement and bank statements

Should the landlord not of also contacted the council to tell the property was empty?

Yes but don't expect much assistance from that angle the LL will be doing his best to not take on the liability himself.

G_M

cloud84 wrote: »

No he knew nothing!

It was a complete shock, both he and I are very diligent with regard to bills etc so it's even more upsetting. Are the council suppose to do this?

What? Go to court?

well only a court can order a deduction of earnings, so without going to court the council could not take the money from his pay.

Guest101

G_M wrote: »

What? Go to court?

well only a court can order a deduction of earnings, so without going to court the council could not take the money from his pay.

I suspect he also has a CCJ, so u need to get a set aside.

as for proof, subject access request the new letting agent, costs £10

[Deleted User]

And keep paperwork for bills, tenancy agreements etc etc. Mine go back 20 years lol. If you keep copies on a pc, make sure they are backed up as well (to another drive). Update the back up regularly. Doing all this has got me out of a sticky situation in the past and also in the last few days.

2012-2013 is only 2 years ago.

cloud84

It may be only two year ago but he has lived in three properties since. I suppose he was too trusting of the council to think a call was enough and of the landlord to just email notice. Unfortunatly, there seems to be no way to prove he was not living there other than showing bank statements. Hopefully the council can see that he wasn't paying rent on this property.
Out of interest why would the council not of notified him of this matter? Also why has it taken two year for anything to happen.

Thanks for everyones input.

Poppy9

The council probably wrote to him at the address the are claiming council tax for as they had no forwarding address.

Pete9501

Does the council at the time know his current address to send letters and give his details to the court or did they go to a previous address without being forwarded on.

Pete