Council Tax Summons - What to expect

OllyRogers

Dear all,

This has the potential to become a long, drawn out rant, so I'll attempt to stick to the bare facts of the matter. I have redacted all personal information:

I moved out of my previous address on the 29th October, and on the 10th of November duly completed the council's online "Moving in/ out form", of which I received an email receipt confirming the council had received this.

On the 24th, my former neighbour handed me a summons (dated 8th November and sent to my former address) by the local magistrates court for non-payment of council tax. The next day, I phoned the council's helpline only to be told that it "does not matter" that I was sent a receipt as the council did not receive the documents. As this is inadmissible in court due to being hearsay, I will save this for a separate complaint against the council - however I have kept a copy of the receipt for the court date.

The council official on the phone gave me an email address of a catch-all inbox for the council's revenues department, to which I immediately sent an email explaining the full situation and attached my new Tenancy Agreement and the Moving Out Form Receipt. Again, I received email confirmation that this email had been received at the council offices.

In my former house, I lived with one full time student and two 'between courses' students, both of which remain in the property and hold liability to pay for the Summer months between their undergraduate and masters courses, however as I was vacating the property I left the council tax account in their hands; yet as of now they have not contacted the council with any information regarding the new tenants that replaced me and the other student. The council are trying to claim from myself £856 (£740 tax, £116 costs), which is their balance due from 09/06/2016 through to 31/03/2017. When I left the property, I made sure I have paid up to and over the date of my tenancy to try to avoid this situation - when I last checked there was an 'installment arrear' of £200, which is just below what I calculated their summer liability to be. I made sure to clearly state this in the comments section of the form.

My concern now is that the council in question will not action this covering email until after the court date and will leave me with a potential Liability Order hanging over my head while they somehow sort out the mess.

In the likely situation that the council do not rectify this in time, could someone tell me what preparations I would need to make to defend myself in court? I already have opened a file on the matter containing:
- Correspondence incuding receipts from the council
- The Summons
- Assured Shorthold Tenancy Agreement for the new house
- Tenancy Deposit Protection Certificate outlining start and end dates for the new tenancy

Does anyone have experience of this, and if so, what steps should I take next?

Thanks in advance

National_Debtline

Hi there and welcome to MSE,


This is a difficult situation. If you were all named on the bill then you will be considered jointly and severally liable for the bill. This means that each person is responsible for 100% of the money owed separately and together. The full time student it likely to be considered exempt so it would've just been you and the other housemate who is liable.

The council are not looking at whose share was paid. If the bill was not being paid in full then your ability to pay by instalments for that tax year is revoked and a liability order obtained and then enforced (normally with bailiffs or a deduction from salary).


You can attend the hearing but unless you can show the bill is up to date on that property the liability order will likely be granted. You can make a formal complaint to the council and ask them to put the action on hold and stress the poor service you have received. But to prevent more action, the bill must be brought up to date by all liable parties named on it - even if that means paying more than your share.


Laura
@natdebtline

OllyRogers

Hi Laura,

Many thanks for your prompt response. I understand and accept the joint and several responsibility of the liability and its implications when faced with difficult housemates, my question relates more to the fact that I have left the property and therefore can't see why I'd be liable to settle the account up till April next year when I'm not at the property. If so, would I then be forced to pay double tax for the next five months for both my current and former house? Is it not the responsibility of the remaining liable tenants?

Your point about poor service is very valid and something I will look further into, as I strongly believe that by completing the requisite form and receiving receipt of this within the council's requested period I have fulfilled my obligation to them - despite them stating they have not received it. for some odd reason, the council's correspondence to the house contained the names of myself and two ex-former housemates that left months ago (and had I picked this up sooner I would have flagged it with the council). One of those is now abroad, and the other has left no forwarding address for correspondence. Can the council also pursue me for what they deem to be 'their share', effectively pushing the bill well over £2,000?

CIS

On the 24th, my former neighbour handed me a summons (dated 8th November and sent to my former address) by the local magistrates court for non-payment of council tax. The next day, I phoned the council's helpline only to be told that it "does not matter" that I was sent a receipt as the council did not receive the documents. As this is inadmissible in court due to being hearsay, I will save this for a separate complaint against the council - however I have kept a copy of the receipt for the court date.

You have a good argument if you can prove they were informed before the summons was issued - the summons would not then have been sent to the last known address as is required. It is a civil case so works 'on the balance of probabilities' in respect of evidence.

When I left the property, I made sure I have paid up to and over the date of my tenancy to try to avoid this situation - when I last checked there was an 'installment arrear' of £200, which is just below what I calculated their summer liability to be. I made sure to clearly state this in the comments section of the form.

Once the property ceased being your 'sole or main residence' and it continued to be occupied by other residents then you ceased to be liable for the Council Tax charge on the occupied property at that point.

for some odd reason, the council's correspondence to the house contained the names of myself and two ex-former housemates that left months ago (and had I picked this up sooner I would have flagged it with the council).

The council likely hadn't been kept updated that they had left.

Can the council also pursue me for what they deem to be 'their share', effectively pushing the bill well over £2,000?

For any period where there is determined to be a joint liability then all of the liable parties are equally responsible for paying the full balance. (joint and several liability).

If you 'apportioned' the Council Tax payments between the liable parties and one did not pay then the other liable parties remain liable for this amount (Council Tax legislation cannot be amended by any personal agreements you had to apportion the payments).


Craig

CIS

I should add that if the local authority claim that you are liable for a period after you state you are not then the Magistrates Court cannot legally consider that aspect as a defence against the granting of a liability order - http://lgfa92.co.uk/council-tax-liability-and-section-16-of-the-lgfa-1992/

Craig

Marktheshark

It is a fake court, just people in a hired room from the council sitting in a room they hire at the court building .
You will be processed regardless of what you say.

CIS

Marktheshark wrote: »

It is a fake court, just people in a hired room from the council sitting in a room they hire at the court building .
You will be processed regardless of what you say.

Must this be raised again - if the OP wishes they can view the numerous other times this has been raised and answered.