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Council Tax & housing questions. Help
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ally123harp
Posts: 7 Forumite
Just wondering if anyone knows the answers:
1. I paid my council tax in full up-till the end tenancy date. Now, lets say the band for house I rented was increase for council tax, a few months after I end my tenancy. However, am I still liable to pay for the increase in council tax even though I have left the property? If yes, how many months do i have to wait before I can be free from this 'increasing band changing influencing my council tax.' ? I heard somewhere it was 6 months. Is this true? (meaning that if an increase in banding happened after 6 months after the tenancy end date, I would not be liable)
2. Lets say a person has overpaid their council tax and their account is in credit after closing. I was wondering how long do councils keep the money before it is given/spent somewhere else. Does it very from places? And how long does the person who is in credit have time to reclaim their overpaid money? Can it go up to 6 years? Lets say an account was in credit for 6 years unclaimed by its owner, suddenly a notice requesting the owner to pay council tax was issued due to reason of underpaying ctax years before. Will the council still be able to use the credited money. Or will they have to pay a new amount?
3. In terms of housing, the landlord suddenly realize that his ex-tenants broke their tenancy agreement (having pets, subletting, issues not relating money etc which is not allowed). However, this was realized after the tenants have moved out and new tenants have moved in for around 2 months. Can the landlord still sue/ take legal action on the ex-tenants for breaking their tenancy agreement during its play? Any law or rules regarding this? I understand that most landlords just forget this happened, as much hassle and energy would be needed to take action against their ex-tenants
4. Do councils ever run credit checks, utility checks, on random addresses in their council area, just to ensure that the correct people where liable for council tax? Where not for housing benefits, single occupancy etc. Credit checks cost money I am sure? So councils don't due it that much right?
5. Why are councils a such a hassle to deal with as most councils dont see you in person and have to deal via email, unlike when arranging electricity accounts where I can directly reach the officer and makes settling issues so easier.
6. What would the council think, of someone who has a tenancy and council tax liability on a different property (occupied 4 people), but spending most of their time in someone else's home (occupied by 4 other people) due to conflicts and issues in their main home. And this person changed their bank address to be there to make it easy to receive any letters and notices. Would the council think they where trying to cheat out of ctax?
1. I paid my council tax in full up-till the end tenancy date. Now, lets say the band for house I rented was increase for council tax, a few months after I end my tenancy. However, am I still liable to pay for the increase in council tax even though I have left the property? If yes, how many months do i have to wait before I can be free from this 'increasing band changing influencing my council tax.' ? I heard somewhere it was 6 months. Is this true? (meaning that if an increase in banding happened after 6 months after the tenancy end date, I would not be liable)
2. Lets say a person has overpaid their council tax and their account is in credit after closing. I was wondering how long do councils keep the money before it is given/spent somewhere else. Does it very from places? And how long does the person who is in credit have time to reclaim their overpaid money? Can it go up to 6 years? Lets say an account was in credit for 6 years unclaimed by its owner, suddenly a notice requesting the owner to pay council tax was issued due to reason of underpaying ctax years before. Will the council still be able to use the credited money. Or will they have to pay a new amount?
3. In terms of housing, the landlord suddenly realize that his ex-tenants broke their tenancy agreement (having pets, subletting, issues not relating money etc which is not allowed). However, this was realized after the tenants have moved out and new tenants have moved in for around 2 months. Can the landlord still sue/ take legal action on the ex-tenants for breaking their tenancy agreement during its play? Any law or rules regarding this? I understand that most landlords just forget this happened, as much hassle and energy would be needed to take action against their ex-tenants
4. Do councils ever run credit checks, utility checks, on random addresses in their council area, just to ensure that the correct people where liable for council tax? Where not for housing benefits, single occupancy etc. Credit checks cost money I am sure? So councils don't due it that much right?
5. Why are councils a such a hassle to deal with as most councils dont see you in person and have to deal via email, unlike when arranging electricity accounts where I can directly reach the officer and makes settling issues so easier.
6. What would the council think, of someone who has a tenancy and council tax liability on a different property (occupied 4 people), but spending most of their time in someone else's home (occupied by 4 other people) due to conflicts and issues in their main home. And this person changed their bank address to be there to make it easy to receive any letters and notices. Would the council think they where trying to cheat out of ctax?
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Comments
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1) Any band change that alters the council tax charge for the period you were liable with have effect no matter when the changes occurs. (Any council tax adjustment can be made retrospectively).
2) The credit should remain due as long as you need to claim it - there is no limit. Although some councils may do a paper exercise of writing it off it shouldn't stop them writing it back on if claimed.
If a new debt appears then the council may in some cases offset the amount against other balances (assuming they can identify it as being the same person etc etc).
4) For Housing Benefit, Single person discount etc they run a 2 yearly National Fraud Initiative check by comparing data from many national databases. Councils will usually run their own reviews about once per year (or on demand where required).
5) Cost cutting (and the benefit of getting things in writing stops a lot of misunderstandings).
6) Not a major issue but each case would need to be looked at individually due to 'sole or main residence' and 'intention to return' issues.
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 -
1) Any band change that alters the council tax charge for the period you were liable with have effect no matter when the changes occurs. (Any council tax adjustment can be made retrospectively).
Craig
Does this mean that the person is forever liable to that council tax account, never obtaining a rest of mind, constantly worried if the band where to increase, he would have to pay ctax and facing summons if late in doing so, even after 3 years of moving someplace else.:(0 -
ally123harp wrote: »Does this mean that the person is forever liable to that council tax account, never obtaining a rest of mind, constantly worried if the band where to increase, he would have to pay ctax and facing summons if late in doing so, even after 3 years of moving someplace else.:(
A person will always be liable for a council tax account they're named on (liability just means you're the one who is responsible for any charge which may be or has been due)
In principal the answer is yes - both the council and the valuation office have a legal duty to ensure council tax is correct, even if it required a retrospective amendment for the particular change which has happened.
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 -
I guess what I'm try to clarify is lets say the tenancy ended on april 2010. However after the VOA (valuation tribunal) came and checked, they backdated that the increase in band happened as of may 2012. Can myself the, a former tenant but not responsible for the property anymore, have to pay an increase in ctax based on this new band given?0
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I don't think CIS could have put it any clearer. The answer is yes, you were liable and, albeit unknowingly, didn't pay enough.
As for never having peace of mind, this is not exactly an everyday occurance.0 -
Thank you for replies also wondering:
1. When emailing a request to council tax, regarding our ctax account. Who actually deals with our issues? Is it only 1 associate, or a team of associates? Who makes decisions if claims we make regarding our ctax are validated or not?
2. Does the council keep emails relating to our inquiries to the council on their database and links or email inquiries to the account for future purposes?
3. Does council keep any data that we have emailed/sent to them such as tenancy agreements and exemption certificates on their database relating to our account to be refereed to, if any issues arise?0 -
ally123harp wrote: »Thank you for replies also wondering:
1. When emailing a request to council tax, regarding our ctax account. Who actually deals with our issues? Is it only 1 associate, or a team of associates? Who makes decisions if claims we make regarding our ctax are validated or not?
2. Does the council keep emails relating to our inquiries to the council on their database and links or email inquiries to the account for future purposes?
3. Does council keep any data that we have emailed/sent to them such as tenancy agreements and exemption certificates on their database relating to our account to be refereed to, if any issues arise?
Is there an overall point you're driving at ? If it's down to simply about a possible backdated charge then the local authority will retain any relevant information as long as required.
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
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