Council Tax liability after split with Ex Wife

TheCaller

Hello all.

I need advice on Council Tax Liability, after splitting from my Ex wife.

I was surprised to receive a text message from JBW bailiffs warning me not to ignore them and to contact them.

I called them and was told there was an outstanding balance for council tax for a flat i shared with my ex wife last year.

What really shocks me is that i gave my ex wife a large sum to put away in order to pay the council tax, so it seems she never did pay at all.

Anyway, now JBW are pursuing me for all the outstanding council tax, even though both of us were listed on the tenancy. in fact we jointly were listed on all bills.

I called the council to explain the situation and that i am willing to make arrangements to pay half of the outstanding council tax. The operator told me that i will have to pay all of it and not just half. She threatened me by saying that we will have to remove things from your property. What the hell is this about?? This is so unjust.

Is this so? Surely the council tax should be paid by named persons on the tenancy and not just one person, in this case i pay half and my ex pays the other half?

Can someone shed some light on this please?

Where do i stand on this?

Thank you in advance.

poppasmurf_bewdley

Presumably, you moved out of the property concerned. Did your wife remain in the property?

Did you move into another property and give your name to the council for council tax bills?

If so, I would think that your responsibility for council tax on your former property would end when you did that.

CIS

TheCaller wrote: »

Hello all.

I need advice on Council Tax Liability, after splitting from my Ex wife.

I was surprised to receive a text message from JBW bailiffs warning me not to ignore them and to contact them.

I called them and was told there was an outstanding balance for council tax for a flat i shared with my ex wife last year.

What really shocks me is that i gave my ex wife a large sum to put away in order to pay the council tax, so it seems she never did pay at all.

Anyway, now JBW are pursuing me for all the outstanding council tax, even though both of us were listed on the tenancy. in fact we jointly were listed on all bills.

I called the council to explain the situation and that i am willing to make arrangements to pay half of the outstanding council tax. The operator told me that i will have to pay all of it and not just half. She threatened me by saying that we will have to remove things from your property. What the hell is this about?? This is so unjust.

Is this so? Surely the council tax should be paid by named persons on the tenancy and not just one person, in this case i pay half and my ex pays the other half?

Can someone shed some light on this please?

Where do i stand on this?

Thank you in advance.

The person on a tenancy will ordinarily be liable but there are special rules to account for partners, if they are not named.



Where you resident in the property for the period in question and where you named on the tenancy ?


If 2 people do fall liable for the council tax charge then they are each individually responsible for the full balance and the council can therefore choose to pursue one individual for up to the full balance.

TheCaller

Thanks for the replies guys.

I moved out of the flat two months prior to the tenancy ending and she stayed until the end of the tenancy.

However, we were both named on the tenancy throughout this time.

I just find it totally unjust that i have to pay all the outstanding amount.

Unfortunately i have no idea where my ex lives, so cannot provide the council with her address. She has given my parents address, so it seems they will harass my parents.

Can i make a complaint or get them to sort of compromise? Or are my chances of a compromise very slim?

Thanks again for your advice.

Cheers.

CIS

I just find it totally unjust that i have to pay all the outstanding amount.

Unfortunately it's not from the point of view of legislation.

Can i make a complaint or get them to sort of compromise? Or are my chances of a compromise very slim?

The council have the legal powers to pursue either party for up to the whole amount so the best you can do is ask them. There is no way of compelling them.

I moved out of the flat two months prior to the tenancy ending and she stayed until the end of the tenancy.

You would cease being liable at the point assuming it ceased being your 'sole or main residence'. This needs to be raised with the council.

McKneff

You have no chance of a compromise.
You are both joint and severally liable. Meaning They will go after the one who is easiest to catch to pay the whole lot. You would have documents saying this and probably signed to say you had read and understood the contract.

Sorry

TELLIT01

McKneff wrote: »

You have no chance of a compromise.
You are both joint and severally liable. Meaning They will go after the one who is easiest to catch to pay the whole lot. You would have documents saying this and probably signed to say you had read and understood the contract.

Sorry

Exactly that above. If you watch programmes about the bailiffs, you will find that their responsibility is purely to get a debt recovered. If two people are jointly responsible i.e. "joint and several", they will pursue whichever they can get hold of. It will be that person's problem to recover anything from the other signatory to an agreement.

Tigsteroonie

Benefit of hindsight (but advice for anybody facing a similar situation) - on moving out, write to the Council to tell them that you have moved out and are now resident at a different address. The council tax should then only be applied to the remaining person in their name.

Socajam

My situation is different to yours, but my tenant moved out and I was by someone who was managing the property for me whilst it was being renovated that as it was empty I would not have to pay property taxes.
As I am living abroad, the council decided to send the bailiff to my last known address. Luckily someone was home and decided not to open the door.
My friend called me and I got in touch with the company. I ended up paying over 2,000 pounds for a mistake if only I had checked myself.
I made a payment directly to the council and the bailiff 's company was mad, because this did not include their fees.
If you can pay the council directly do so, but I would get rid of the debt because the longer you leave it, the more fees are added.

CIS

Socajam wrote: »

My situation is different to yours, but my tenant moved out and I was by someone who was managing the property for me whilst it was being renovated that as it was empty I would not have to pay property taxes.
As I am living abroad, the council decided to send the bailiff to my last known address. Luckily someone was home and decided not to open the door.
My friend called me and I got in touch with the company. I ended up paying over 2,000 pounds for a mistake if only I had checked myself.
I made a payment directly to the council and the bailiff 's company was mad, because this did not include their fees.
If you can pay the council directly do so, but I would get rid of the debt because the longer you leave it, the more fees are added.

Paying direct doesn't get rid of the fees. The enforcement agents can choose to pursue fees due to themselves that aren't paid.

TheCaller

It seems like i have no way of compromise on this.

I will call the council and try to arrange a payment plan.

Thank you all for your great advice.

Have a great Easter.