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Council tax issues
SarahB89
Posts: 38 Forumite
Sorry if this is in the wrong section.
My fianc! moved out of a shared student house three years ago. The council for that area has recently contacted him stating that he has an outstanding council tax bill. However, the time that they are stating is outside of the time period he lived at that address. Also none of the other four/five residents who shared the tenancy are listed on this bill nor have been contacted separately. It was a pretty dodgy rental arrangement through a private landlord and I'm not sure what paperwork exists, but we do have council tax bills from the house he was actually living at during the period they are claiming he owes for.
What's the best way forward here? He's been trying to find proof he didn't live there, but is it not up to them to prove that he did? He's keen on just paying it to make them go away as it's not a large amount of money (its less than a hundred quid) but I'm concerned that it would be admitting liability if he paid it, and that it might affect a mortgage application we're going to do later this year. Any advice much appreciated!
My fianc! moved out of a shared student house three years ago. The council for that area has recently contacted him stating that he has an outstanding council tax bill. However, the time that they are stating is outside of the time period he lived at that address. Also none of the other four/five residents who shared the tenancy are listed on this bill nor have been contacted separately. It was a pretty dodgy rental arrangement through a private landlord and I'm not sure what paperwork exists, but we do have council tax bills from the house he was actually living at during the period they are claiming he owes for.
What's the best way forward here? He's been trying to find proof he didn't live there, but is it not up to them to prove that he did? He's keen on just paying it to make them go away as it's not a large amount of money (its less than a hundred quid) but I'm concerned that it would be admitting liability if he paid it, and that it might affect a mortgage application we're going to do later this year. Any advice much appreciated!
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Comments
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So write to them and send a copy of the council tax bill with his details and proof he paid council tax elsewhere.0
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Paying council tax elsewhere doesn't automatically negate the fact that council tax may be due on the property.
During the period in question was the property unoccupied and did he still hold a tenancy for the period in time ?
When he was living in the property did he have a joint liability for the whole property rent or did he just rent a room in the property ?
Paying it would have no direct effect on a mortgage application.I'm concerned that it would be admitting liability if he paid it, and that it might affect a mortgage application we're going to do later this year. Any advice much appreciated!I 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 -
Was he a full time student? i didn't think students paid council tax?0
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I went through something similar. Lived in a shared house, moved out and 2 years later I received a letter with red writing all over from enforcement agents to recover a debt passed to them by the council for that house I lived in.
The council would have none of it no matter how good I tried to explain that it was multiple occupancies. The tenancy agreement was done by the landlord without specifying anything in regards to the house. I used text messages between me and the landlord in which I was mentioning how much I will be paying for the room and also mentioning the other tenants in those messages and they apologised and took off any debt from me and went after the landlord.0 -
They can be liable to pay council tax in some cases, that's why the full background information is needed to say what the situation is.I 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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He'd moved out of the house eight months before the period that they're alleging he owes for. Another group of students had moved in by that time.0
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He'd moved out of the house eight months before the period that they're alleging he owes for. Another group of students had moved in by that time.
Sounds like the council are possibly not fully aware of the changes which have happened.
It is likely going to come down to proof he was resident elsewhere, that others were living there and possibly the tenancy agreement may assist (depending on it's wording). Having argued many of these sorts of cases with the council, and on to tribunal in some cases, it's a case of using sufficient evidence (and often legislative arguments on points of council tax liability) if the council won't budge.I 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 -
Sounds like the council are possibly not fully aware of the changes which have happened.
It is likely going to come down to proof he was resident elsewhere, that others were living there and possibly the tenancy agreement may assist (depending on it's wording). Having argued many of these sorts of cases with the council, and on to tribunal in some cases, it's a case of using sufficient evidence (and often legislative arguments on points of council tax liability) if the council won't budge.
Thanks. We have council tax bills from the address we lived at during the period they claim he owes on this other property, plus multiple other utility bills etc. I think he has various texts from the landlord about handing deposits back etc after moving out. I'm really confused as to why they've come after him but not anyone else who lived there at the time - he's not even the one the landlord had main contact with!0 -
Presumably it was his name on the council tax account.0
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