£5000 bill for 5 – 6 years of outstanding council tax bill!, Landlords fault !!!

justwondering25

Really! Then what should I do? Should I get a copy and send it to you via pm?

justwondering25

But I have all the bills, one for each year I have then right here.

lincroft1710

Or if you can post it on here with name and address info blotted out

justwondering25

Okay, I shall do that shortly in around 40 minutes.

Ty

justwondering25

lincroft1710 wrote: »

Or if you can post it on here with name and address info blotted out

As promised , please see a copy of the letter , as you can imagine all the white parts are mainly contact number , reference numbers , names , addresses etc

My landlord spoke to the VOA officer that valued the property today and he also pointed out to them about the effective alteration date , but the officer on the phone told him , he gets asked that question all the time and it still means the tax can be back dated......as it was not been used by a family member...

Should I just call the council and explain to them , the effective date is the 29th of January and ask them to remedy the bill ? to the 29th of January 2017 ?

Or would that not quite work ?!?!

Please let me know....things are drawing to ahead with the landlord...talk now of 2 months notice been served If I do not agree to the 50 / 50 offer on the table as he said he will then assume I will attempt to sue him for the full cost in court , I have until Sunday to decide... or figure it out ...

Photo is a clickable link below.

https://s29.postimg.org/hpu8i9ttz/VOA_no_address_etc.jpg

CIS

justwondering25 wrote: »

As promised , please see a copy of the letter , as you can imagine all the white parts are mainly contact number , reference numbers , names , addresses etc

My landlord speak to the VOA officer that valued the property today and he also pointed out to them about the effective alteration date , but the officer on the phone told him , he gets asked that question all the time and it still means the tax can be back dated......as it was not been used by a family member...

Should I just call the council and explain to them , the effective date is the 29th of January and ask them to remedy the bill ? to the 29th of January 2017 ?

Or would that not quite work ?!?!

Please let me know....things are drawing to ahead with the landlord...talk now of 2 months notice been served If I do not agree to the 50 / 50 offer on the table as he said he will then assume I will attempt to sue him for the full cost in court , I have until Sunday to decide... or figure it out ...

https://s29.postimg.org/hpu8i9ttz/VOA_no_address_etc.jpg

The council cannot legally charge for a property prior to the date it was banded from (the effective date) so you need to contact them directly to see what's up as the bill is in your name - council tax is only due on a property whilst it is shown on the relevant valuation list and not before (or after).

They may simply have input a wrong start date (I've seen it happen plenty of times) at the council side.

It sounds like the 'reasonable landlord' is now trying to get out of paying the full charge.

Craig

CIS

justwondering25 wrote: »

I have all the bills backdated back to 2011 all the way to 2017 31/03/17 no discount has yet been applied for or applied.

The band is band A , it say effective date of Alteration 29 January 2017

Thank you for all your help .

Also worth double checking that those bills are for 'your' property and they haven't adjusted the landlords account and billed you instead in error (I've seen that happen as well !).

Craig

justwondering25

CIS wrote: »

The council cannot legally charge for a property prior to the date it was banded from (the effective date) so you need to contact them directly to see what's up as the bill is in your name - council tax is only due on a property whilst it is shown on the relevant valuation list and not before (or after).

They may simply have input a wrong start date (I've seen it happen plenty of times) at the council side.

It sounds like the 'reasonable landlord' is now trying to get out of paying the full charge.

Craig

I think the landlord like me has had enough and wants to bring the matter to a close.

So basically call the council and ask them to amend the bill?

Why would the valuation officer today say they can still back date, even though the effective date is the 29th of January?

Putting aside all the planning permission for the property been a Annex, even if it wasn't ever a annex is the effective date still the 29th of January 2017?

Or should the letter of showed a effective date from the start of my rental agreement?

Oddly the bills from the council start on the date of the rental agreement, so I'm fairly sure the bills have not been generated from a typo at the council.

But if the effective date regardless of the planning permission for the property I live in with no restrictions on the building saleability etc , has the VOA officer made a mistake with the date on the letter giving me the ability to refuse to pay the council tax back dated....

It would be ideal if I could just call up in the morning and ask the council to not back date the bills as the property has not been on the valuation list? Or would they just say, you've had the services for the previous years, you still owe E.g that is why it has been back dated.

lincroft1710

I think the VOA is incorrect. As CIS says, council cannot charge council tax for a period before an effective date.

I have known (admitted by a revenues officer) councils who have "tried it on" by sending bills out predating an effective date, but usually by only a few months. If taxpayer refused to pay council would not pursue

CIS

Why would the valuation officer today say they can still back date, even though the effective date is the 29th of January?

I don't know - a property can only be charged council tax from the effective date it is banded, never before. Has the landlord got the wrong end of the stick somewhere.

I suppose it is possible the VOA have typed the wrong date on the letter and given the correct one to the council - check here and see if it's been updated yet - https://www.gov.uk/council-tax-bands

It would be ideal if I could just call up in the morning and ask the council to not back date the bills as the property has not been on the valuation list? Or would they just say, you've had the services for the previous years, you still owe E.g that is why it has been back dated.

If you need it. Section 2 of the Local Government Finance Act 1992 sets the conditions which must apply on any particular day for Council Tax to be due on the dwelling. This includes the condition of charging for whatever band appears on a valuation list - no entry on to the list, no band and hence no charge.

Liability to tax determined on a daily basis.

(1)Liability to pay council tax shall be determined on a daily basis.

(2)For the purposes of determining for any day—

(a)whether any property is a chargeable dwelling;

(b)which valuation band is shown in the billing authority’s valuation list as applicable to any chargeable dwelling;

(c)the person liable to pay council tax in respect of any such dwelling; or

(d)whether any amount of council tax is subject to a discount and (if so) the amount of the discount,

it shall be assumed that any state of affairs subsisting at the end of the day had subsisted throughout the day.

Regulation 17 and 20 of the Council Tax (Administration and Enforcement) Regs 1992 also prevent a bill being issues if the property is not shown on a valuation list.


Craig