Council Tax Liability

asacarter

We moved from one region of Scotland to another earlier in July.

We were renting from a housing association and now renting privately. My stepdaughter is still living in the house we moved out from with her son.

When we moved, I notified the council and asked them for a settlement balance. I told them my stepdaughter and her son were now the only residents. They sent me a statement with a zero balance to pay.

Yesterday they sent a statement with a full balance to pay until April next year. I phoned again and they said don't worry about it because it was probably a mistake.

Today I have just received a letter from the revenue and benefits manager demanding that we continue to pay full council tax for the property we are no longer resident in and are demanding payment in full up to April next year.

I've just sent them an email confirming once again that we definitely haven't lived there since July.

Surely this is not legal? Can I sue them?

Caz3121

did your stepdaughter open an account for council tax? has she been making payments?
Is the housing association property in her name or yours?

davidmcn

asacarter wrote: »

Can I sue them?

For what? You haven't suffered a loss, other than the hassle of dealing with their incompetent admin.

Has your stepdaughter received a bill in her name?

caprikid1

"Can I sue them?"


Of course you can sue anyone

asacarter

The property is in my wife's name.

We tried to add her daughter's name to the tenancy but they refused because she had previous arrears with them.

Before we moved, we had two meetings with the housing association to add her as a sub-tenant. In both meetings, they verbally agreed for a period of up to six months. When we put it in writing, they again refused, this time stating under-occupancy. But incidentally, we got this reply by post the same week we were moving out.

She is on a waiting list for another property with less bedrooms but they haven't offered her anything yet.

So she (and her baby) are the only residents in the house. It's either that or they live on the street.

I don't believe she has paid any council tax yet.

asacarter

davidmcn wrote: »

For what? You haven't suffered a loss, other than the hassle of dealing with their incompetent admin.

Has your stepdaughter received a bill in her name?

Yes, she did receive a bill in her name.

AdrianC

asacarter wrote: »

The property is in my wife's name.

We tried to add her daughter's name to the tenancy but they refused because she had previous arrears with them.

Umm, doesn't the fact that you don't live there, and are effectively sub-letting, put you in breach of your tenancy agreement?

asacarter

AdrianC wrote: »

Umm, doesn't the fact that you don't live there, and are effectively sub-letting, put you in breach of your tenancy agreement?

Probably, but we want to end it anyway. The only reason we haven't is that it would make her homeless.

CIS

Today I have just received a letter from the revenue and benefits manager demanding that we continue to pay full council tax for the property we are no longer resident in and are demanding payment in full up to April next year.

Residence itself isn't a requirement for a person to be liable for a property so, on that basis, not being resident does not by itself prevent a person remaining liable (Leeds v Broadley). This isn't particularly relevant in this case however as the tenant is no longer resident.

So she (and her baby) are the only residents in the house. It's either that or they live on the street.

As a matter of legislation they will be liable as residents unless there is someone else who is residence who has a higher interest (e.g a tenant). It would appear there is no-one with a higher interest who is resident, however. The legality of their occupancy does not matter although some councils do not always appear to actually understand the legislation they should use (If they did though, I'd not have a job so...).

There is a correct route of dispute and appeal on council tax matters - get it wrong and an appeal can become complicated (unfortunately, I see too many where this happened).

Caz3121

asacarter wrote: »

Yes, she did receive a bill in her name.

asacarter wrote: »

I don't believe she has paid any council tax yet.

is she planning to pay it or just leave it up to you?

[Deleted User]

I totally understand why your daughter is living there, you don't want her homeless. But how is she going to pay the council tax and rent on a larger than she needs place when she accumulated arrears on her previous (presumably smaller) place?

Is she planning to not only pay the council tax but the arrears so she can get another council place?

I think your strategy to get your daughter rehoused needs to be thought out a bit more. I'm afraid it might cost you, particularly if she isn't good with budgeting or has an income shortfall (which I assume she has).

Sorry to be so negative. I have a 22 year old unable to budget so do get it.