Council tax outstanding

CIS

unholyangel wrote: »

The joint and severally liability bit only relates to who is liable to the council for it. It doesn't have any bearing on liability between the two tenants.

For example I could have an agreement with you to take a loan out for you. I'd be liable to the loan company and could not ask them to chase you instead, but you'd still be liable to me for the whole amount iyswim.

I understand fine well how J&S liability works which is why I said it may cause issues if the OP goes to the small claims courts - unless the OP had an arrangement with his flat mate to split bill payments between them then the judge would be quite able to say he's joint & several and throw the case out against his ex-flatmate.

This is totally separate to how the council will see it ( under council tax legislation) - the OP is 100% responsible,as is the other tenant however he can ask the council to pursue the other party. The council is quite able to do so and also quite able to say no - it's their call. What the OP suggested about paying 50% is a gamble, as a I pointed out, as the council may well say tough, they may however say they'll try the other tenant and see if they can get them to pay the balance - again it's the council's call.

unholyangel

CIS wrote: »

I understand fine well how J&S liability works which is why I said it may cause issues if the OP goes to the small claims courts - unless the OP had an arrangement with his flat mate to split bill payments between them then the judge would be quite able to say he's joint & several and throw the case out against his ex-flatmate.

This is totally separate to how the council will see it ( under council tax legislation) - the OP is 100% responsible,as is the other tenant however he can ask the council to pursue the other party. The council is quite able to do so and also quite able to say no - it's their call. What the OP suggested about paying 50% is a gamble, as a I pointed out, as the council may well say tough, they may however say they'll try the other tenant and see if they can get them to pay the balance - again it's the council's call.

I wasn't commenting on anything else in your post other than the joint and several liability causing problems for OP. If he can't prove there was an arrangement for half and half - by way of previous payments or tenancy agreement - he may run into problems, but it won't be because of the joint and several liability, it will be because he fails to prove the flatmate is in breach of contract and that breach caused him a loss.

The joint and several liability has caused an issue for OP long before he'll ever get to court.

Valli

motionx wrote: »

Thanks for the responses. In answer to your questions Valli:

- No he's left the flat and I believe moved back to his original home. Through google i've narrowed it down to one of two addresses to supply to the council if needs be.
- We never informed them we left but everything was set up originally by the managing agent. I believe they must have provided our email addresses to be chased up on this.
- They are chasing for £1,087.54. From checking my records it appears to be accurate. The dates cover 08/08/14 - 07/08/15. We have paid £467 into it so far so that partly covered the bill.
- We were both occupying the flat at the time
- We both left around 07/08/15

I've spoken to a couple of people I know who are lawyers (not in that particular field) who have initially advised I should pay my half in now and provide all his contact details to them to chase up the remainder. Is this something that could work? Or would you still advise paying the full amount and then having to chase him down for the remainder once I get back? Is there any specific evidence I will need in order to do this?

Re the council tax the council is likely to be reluctant, if they can get half from you, to pursue your former housemate for the other half. They are more likely, and are within the law, to pursue you for the full amount. I would suggest paying it all just to get them off your case and to protect your own creditworthiness for the future.
As regards you then getting half from the former housemate if there is any document or agreement between yourselves agreeing on a 50/50 split of bills then you could pursue through small claims IF he has the ability to pay, as you have proof that you intended to split all bills, a letter before action first might be enough.
It's likely, from what you have already posted, that the council initially pursued/tried to pursue him but they have failed. If they cannot get the money from him then maybe you won't manage it either, unfortunately.