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Council Tax question
Comments
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unforeseen wrote: »Councils are free to go down the hierarchy of liability until they can find somebody within it that they can get the payment from. That is the whole idea of it. Bankruptcy at the top of the chain does not stop it
No they are not - they have to stop at the highest person on the hierarchy of liability (as per section 6 of the council tax (administration & enforcement) regs 1992).
Nothing in regulations affect the hierarchy with respect to bankruptcy - bankruptcy only effects what gets paid and not the liability (liability only decides who's name is on the demand notice).
CraigI 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 -
For council tax purposes he is - the tenancy agreement is key. Unless there is either a resident joint tenant or a resident partner then he is the sole liable party for council tax purposes.NotEvanAPot wrote: »But the OP is not the sole tenant, regardless of the tenancy agreement. This can be proven by the local authority using the electoral register.
CraigI 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 -
Please quote directly from act, as believe you are misunderstanding something contained, but happy for this to be corrected.No they are not - they have to stop at the highest person on the hierarchy of liability (as per section 6 of the council tax (administration & enforcement) regs 1992).
Nothing in regulations affect the hierarchy with respect to bankruptcy - bankruptcy only effects what gets paid and not the liability (liability only decides who's name is on the demand notice).
Craig0 -
Interesting thread. In my case it was a joint mortgage, though the other mortgagee no longer lived in the property and I received a certificate of exemption from CT for the period of the bankruptcy, no one was pursued for it. I moved out of the property shortly after going BR, and it has only recently been repossessed. They chased me and the other joint mortgagee for the CT due after discharge and before repossession, but that was all.
I guess it varies from council to council.0 -
Incorrect, you cannot hide from a legal obligation by omission of a fact. Just because an individual isn't named on a tenancy agreement, does not preclude their liability for CT.For council tax purposes he is - the tenancy agreement is key. Unless there is either a resident joint tenant or a resident partner then he is the sole liable party for council tax purposes.
Craig0 -
NotEvanAPot wrote: »Incorrect, you cannot hide from a legal obligation by omission of a fact. Just because an individual isn't named on a tenancy agreement, does not preclude their liability for CT.
I would suggest you actually read the council tax (administration and enforcements) regs 1992 and you would understand what they use as the specific definitions for council tax purposes.
Not being named on a tenancy does not always remove you from joint liability but only in the specific case of being the resident partner of the resident tenant.
CraigI 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 -
Mollie_Guinness15 wrote: »Interesting thread. In my case it was a joint mortgage, though the other mortgagee no longer lived in the property and I received a certificate of exemption from CT for the period of the bankruptcy, no one was pursued for it. I moved out of the property shortly after going BR, and it has only recently been repossessed. They chased me and the other joint mortgagee for the CT due after discharge and before repossession, but that was all.
I guess it varies from council to council.
Each council is bound by the same regulations.
Because you were the resident owner for part of the period and therefore liable for the council tax.
Once it had become an unoccupied property then liability falls on both of the non-resident owners. The council tax due at the point would have been chased because it was not a debt at the time of the bankruptcy as it was technically a new charge which became due when the revised demand notice was issued.
CraigI 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 -
Am familiar with act and have just read parts 2, 5 and 6. As above, please specify by citing section relevant to your point.I would suggest you actually read the council tax (administration and enforcements) regs 1992 and you would understand what they use as the specific definitions for council tax purposes.
Not being named on a tenancy does not always remove you from joint liability but only in the specific case of being the resident partner of the resident tenant.
Craig0
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