Council Tax liability change - court costs

Le_Truth

Hi,

There were two arrears on a property my partner formerly rented, neither of which were accrued during her time living there.

After months and months of hassle with council tax workers and an incompetent letting agency she has received two letters (one for each account) notifying her that the liability has changed and that she is due a refund for some of the balance (i paid one account off for her to avoid court, after having vocal confirmation that any change in liability would be refunded).

My only gripe is the combined £151 (74 + 77) the council are taking off the refund for court costs (summons notice i presume).

Considering she never actually owed a penny i find it a bitter pill to swallow that she (my money besides the point) is being mugged off. Is there no way to have these costs nulled off? or are we just going to have to accept it?

Regards

Robert

CIS

Based on what you have said so far;

Is there no way to have these costs nulled off? or are we just going to have to accept it?

It's a difficult one to argue on this point as there's no particular case law or legislation on it to support the removal - the council, when the liability order was issued, would have been correct in pursuing a liability and the costs could be added based on the circumstances as they stood at that time. Just because the account was later adjusted and put in to credit does not remove the fact that the costs were correct at the earlier point.

There were two arrears on a property my partner formerly rented, neither of which were accrued during her time living there.

This statement may be more pertinent and give a slightly different strategy which may work in her favour - what were the circumstances in which she was held liable when not resident ? Does an actual period of liability remain or has it been entirely removed (for the period covered by the liability order).

Le_Truth

I will list what little information we actually have.

My partner gave her full notice to the landlord, the landlord did end of tenancy checks etc.

The landlord has since sold the flat and we have been unable to contact her.

The flat was let by a letting agent who gave us next to no information due to "data protection"
one of their employees did however slip up on the phone and verbally acknowledged the flat was let to new tenants for the period which the council are/were pursuing my partner for.

I believe the letting agency did send the council an email confirming the date my partner vacated the flat. My partner made a subject access request however the letting agents were unable to give us anything else due to a "database change".

To my knowledge there is tax owed for the periods my partner was pursued for and i assume the council is now aware of whom is actually liable and has change the liability.

CIS

To my knowledge there is tax owed for the periods my partner was pursued for and i assume the council is now aware of whom is actually liable and has change the liability.

If there was actually some council tax owed for that period then I'd very much doubt you'd get anywhere with trying to argue it in my experience.