Council Tax liability

DadofTwo

Hi,

Long time lurker, first time poster.

Does anyone know if a local authority are obliged to take part/multiple payment from individual tenants in common at a property? Does it make more sense to have all adults at the property named on the bill or is it irrelevant as far as liability goes?

I'm asking because my partner and I are looking at pooling our money and buying a property with another couple. Are there any other practical things I can do to protect myself from the other couple "defaulting" on paying their share?

Thanks,
Darren

theartfullodger

Multiple payments for what?

Council tax
Parking tickets
Purchase of a property owned by council
Rent
Planning application fees
Etc
Etc
Etc

DadofTwo

Council tax, as I put in the thread title.

booksurr

DadofTwo wrote: »

Council tax, as I put in the thread title.

indeed you did, artfullodger is having one of "those" days

normally council tax is , for practical purposes, put in the name of one liable person

where the property is "shared", and each occupant ranks equally under the hierarchy of liability, then if the liable person defaults the council can pursue each other person individually under joint and several liability

as your post implies that each occupant is under a joint and several liability tenancy agreement then each is liable for the whole council tax, but the council may not issue a bill in the name of each person for practical reasons. That does not stop them suing each person if the bill is not paid.

sparky130a

DadofTwo wrote: »

I'm asking because my partner and I are looking at pooling our money and buying a property with another couple.

Are you mad?!

To what end, to live in? As a dad of two?

DadofTwo

booksurr wrote: »

where the property is "shared", and each occupant ranks equally under the hierarchy of liability, then if the liable person defaults the council can pursue each other person individually under joint and several liability

But is there any practical way I can protect myself and partner? From discussions with the local authority concerned, they have no means or mechanism to accept part payment from each couple. For info, this is a private tenants in common arrangement for ownership purposes, not as a landlord/tenant arrangement.

as your post implies that each occupant is under a joint and several liability tenancy agreement then each is liable for the whole council tax, but the council may not issue a bill in the name of each person for practical reasons. That does not stop them suing each person if the bill is not paid.

I wouldn't ever want it to get to this stage, but at this point, would they sue each joint and severally liable person for the whole amount or 1/nth of the amount?

Thanks,
Darren

mrginge

If you're planning on buying a property with another couple, protecting yourself from full council tax liability would seem to be the least of your problems.

Madness.

Miss_Samantha

DadofTwo wrote: »

But is there any practical way I can protect myself and partner?

Yes, you need to get into a separate, private agreement with the other couple on how to pay council tax.

That will not change anything from the council's point of view but will allow you to go after the other couple for reimbursement.

DadofTwo

sparky130a wrote: »

Are you mad?!

To what end, to live in? As a dad of two?

Don't get me started. I really don't want to do this, and I'm exploring all means to find reasons to convince my partner not to do it. In actual fact, the other couple are her parents and there is a debt situation which is forcing them to sell their house. Don't get me wrong, I want to assist somehow but I already feel like I'm being regarded as an a-hole for not joyously throwing myself into this.

I need to get legal advice as to whether this weakens my position legally and financially in the event our marriage doesn't survive (who's marriage would, living with their mother-in-law?), since they will end up taking on some of the day-to-day childcare responsibilities.

Thanks,
Darren

CIS

DadofTwo wrote: »

But is there any practical way I can protect myself and partner? From discussions with the local authority concerned, they have no means or mechanism to accept part payment from each couple. For info, this is a private tenants in common arrangement for ownership purposes, not as a landlord/tenant arrangement.



I wouldn't ever want it to get to this stage, but at this point, would they sue each joint and severally liable person for the whole amount or 1/nth of the amount?

Thanks,
Darren

A council won't turn down payment from multiple people as long as the total payment is received by the due date - i.e for a £100 bill John could pay £50 on Monday and Jack £50 on Tuesday. What they won't do is set up a separate payment arrangement for each person and won't set up a DD from more than one account for the payments due. You could ask for cash payments and then each make a standing order/card payment/bank transfer if you wanted providing the monies are paid in total by the due date of each instalment.

To take anyone to court for non-payment (via the magistrates for a liability order - no CCJ for council tax) you would have to have been named on a council tax demand notice as jointly liable. Bills however are usually posted for the attention of one lead name (although showing all names).

Where a group of people are all jointly liable they are all responsible for 100% of the council tax charge - If a court summons was issued the council can pursue all of the liable parties, or one, or any combination of them until the full balance is cleared - each person would be individually summonsed in respect of the whole outstanding balance. No personal arrangement can override the statutory responsibility for payment.

Craig

sparky130a

DadofTwo wrote: »

Don't get me started. I really don't want to do this, and I'm exploring all means to find reasons to convince my partner not to do it. In actual fact, the other couple are her parents and there is a debt situation which is forcing them to sell their house. Don't get me wrong, I want to assist somehow but I already feel like I'm being regarded as an a-hole for not joyously throwing myself into this.

I need to get legal advice as to whether this weakens my position legally and financially in the event our marriage doesn't survive (who's marriage would, living with their mother-in-law?), since they will end up taking on some of the day-to-day childcare responsibilities.

Thanks,
Darren

Well start with the explicit fact this WILL end in disaster and a complete mess.