CouncilTax

Invi98

Hello,

Last year my girlfriend broke up and she moved out from the flat that she used to live with the ex.
She received 10 days ago from council tax an email asking her when she moved out ( At that moment when she moved out she told them that she left the flat ). She respond etc.. and after this she is reciving another email from them saying that they can't find him and she needs to pay the council tax since she moved out till now, around £600. Both of them was on the council bill.

This thing is weird, why she needs to pay for something that didn't used, is it normal?

She have proof since she moved out.

Thank you for your time.

Comms69

What was the situation with the property? Rented? And if so, fixed term? - if so, she is liable.

If not, she isnt.

Invi98

Yes, was rented on fixed term contract.

The landlord was ok with that 

Comms69

Invi98 said:

Yes, was rented on fixed term contract.

The landlord was ok with that 

Irrelevant what the landlord thought. In law, during the fixed term of a rental, the named tenants are liable. She will need to pay (ensure that the 25% discount has been applied)

CIS

Comms69 said:

Invi98 said:

Yes, was rented on fixed term contract.

The landlord was ok with that 

Irrelevant what the landlord thought. In law, during the fixed term of a rental, the named tenants are liable. She will need to pay (ensure that the 25% discount has been applied)

Not automatically - it depends on residence.

If he was resident and she was not then she cannot be liable, even during a fixed term period. If both parties had vacated then, during the fixed term, they would remain jointly liable for that period without a resident.

I find these ones often require a formal dispute being raised with the council.

Comms69

CIS said:

Comms69 said:

Invi98 said:

Yes, was rented on fixed term contract.

The landlord was ok with that 

Irrelevant what the landlord thought. In law, during the fixed term of a rental, the named tenants are liable. She will need to pay (ensure that the 25% discount has been applied)

Not automatically - it depends on residence.

If he was resident and she was not then she cannot be liable, even during a fixed term period. If both parties had vacated then, during the fixed term, they would remain jointly liable for that period without a resident.

I find these ones often require a formal dispute being raised with the council.

Thanks CIS. I assumed, perhaps incorrectly, that he has vacated as the council could not find him - but it's a crucial point to make.

Invi98

She was paying council tax at the flat she moved, she didn't use the service why she would need to pay? It's unfair

From what i know 4 - 5 months missing payments him, his landlord evict him because he didn't paid the rent after couple months that she moved out.

There is nothing that she could do to not pay that amount of money?

Comms69

Invi98 said:

She was paying council tax at the flat she moved, she didn't use the service why she would need to pay? It's unfair

From what i know 4 - 5 months missing payments him, his landlord evict him because he didn't paid the rent after couple months that she moved out.

There is nothing that she could do to not pay that amount of money?

This isnt a service charge, it's a tax. Hence the term council 'TAX'....
If he was still living there, then he would be liable. If they both left, they are both jointly liable. She can initially complain to the council and enter a dispute.
Ultimately it would go before the court system. 

Edit: she might still technically owe the rent too. Depends on how she moved out.

Invi98

He left after 4 months that she left, technically he needed it to pay while he was there, no?

Comms69

Invi98 said:

He left after 4 months that she left, technically he needed it to pay while he was there, no?

Yes, if that can be proven, then he would owe it.

CIS

Invi98 said:

He left after 4 months that she left, technically he needed it to pay while he was there, no?

Yes. That's correct.

Not always easy to prove though - I've dealt with numerous council tax cases over the years (including to the valuation tribunal) and the problem in these cases is the you, in most cases, need to provide evidence of the 2 issues - 1) that she vacated and 2) he stayed. It's not the easiest argument to make. It can also descend in to an argument over legislation, depending on how the council handle it.