Mum's Council Tax Debt

Ciwan

Hello All

Mum rented out her house (she owns it) to a family. On the tenancy agreement her name is listed among the tenants. She did this on purpose because she thought things in the UK would work similar to where she lived previously (the Middle East).

Over in the Middle East if your name is on the tenancy agreement, then later at court when the time comes where you want your property vacated, you can do so more easily.

She hasn't been living with tenants. The tenants moved into the property on the 20th of October 2014. Mum has since then been living with my sister and me. After my Dad passed, she has been very depressed and we don't want her to be left alone.

The majority of her belongings are in boxes at her other house (she owns 2 houses) and she's been paying council tax on that other property since July 2014.

Then in March 2015, she gets a massive council tax bill of nearly £1400 for the first property that has the tenants in. She quickly got in touch with them to explain that she did not live there, but they do not want to listen. They said her name is on there, so she must pay it.

The tenants also got in touch with the council explaining that my Mum did not live with them at the property, but again, nothing.

I realise the situation is a little complex with two house ...etc but I hope you can make sense of the above, if not, please ask and we would clarify.

What advice can you give her to resolve this?

Any help would be greatly appreciated.

Thank You.

McKneff

If the tenants got in touch with the council, presumably they are quite happy to pay the CT.


So just get them to give it to your mother, mother pays it. Job done.


Make a new tenancy arrangement without her name on it.

McKneff

Has she researched 'how to be a Landlord' Is she getting gas certificates, etc, etc.
Is the tenants deposit protected and in a deposit scheme.

antrobus

Ciwan wrote: »

...What advice can you give her to resolve this?...

Get the tenants to pay your mum the £1,400, which she can then use to pay the council. The tenants aren't disputing their liability, are they?

Ciwan

Thanks guys, forgot to mention this, but tenants are on Housing Benefit, the Council Tax and Rent gets paid by their benefit.

fatbelly

My understanding is that where the owner is non-resident, the council tax liability goes to point 2 - the resident tenant

The hierarchy of liability is:
1.a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
2.a resident tenant
3.a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
4.any resident living in the property, for example, a squatter
5.an owner of the property where no one is resident.

CIS would probably give definitive advice on this but it seems the owner has confused the council by putting herself on the tenancy and then not living there - however, the council should reissue the bill in the name of the resident tenants.

Whether they can then apply for council tax support retrospectively is a separate issue.

dancingfairy

I agree with faybelly bill should be in name of tenants and they are liable to pay it.
Write to the council and explain that the house has been let to x,yz since Oct 14 and that she is the landlord and is not resident.
The tenants will need to come to an arrange.entire with the council to pay it back.
I assume it's council tax from Oct 14 to mar 15 andapr 15 to apr16.
Df