Didn't pay council tax during a previous tenancy

Jumblebumble

elsien said:

You could just contact the relevant council dept, explain the dates of your tenancy, that you weren't aware at the time that you were liable to be paying it but now it's on your radar you want to check what the current situation is with regards to any money owed? If they're aware it's you (for example the landlord gave them your information) there could be recovery action going on that you're not aware of. Best to sort now that after a CCJ has been obtained. 

My understanding is that  the councils obtain a liability order from a Magistrates court which is not a CCJ as these are issued by the county court

derobe

Thanks for all your comments, this is really helping.
Really puzzled as to why the landlord wouldn't have contacted me or the letting agent during this time. I understand the responsibility lied with me, but following this the landlord. Is there a chance the landlord could have not contacted the council to let them know I was occupying the property?

elsien

Possibly, but then the landlord would have been liable for it. If they haven't noticed they should have passed it on to you and the council say there's no money due then there isn't an issue. Rather than saying you weren't aware of any liability, you could maybe phrase it as you've lost track of whether you owe anything or whether the bill has been cleared, so can they advise?

derobe

Thanks, I think this is the best way forward to phrase something similar to the landlord. No point trying to come out and admit fault for something if there is no issue, but I would rather know. For all I know a previous tenant could have paid the tax for the whole year and only stayed for 6 monhts or something. I really should have checked the postbox!

mrschaucer

derobe said:

Thanks for all your comments, this is really helping.
Really puzzled as to why the landlord wouldn't have contacted me or the letting agent during this time. I understand the responsibility lied with me, but following this the landlord. Is there a chance the landlord could have not contacted the council to let them know I was occupying the property?

But it's not the landlord's job to sort council tax out for you - if he was doing his job right, he would have informed the council of the date his liability to council tax ended (when you became the tenant), and then you should have contacted the council.  If you failed to do so, the council would have written to you at the apartment.  If they didn't have your name, they would have sent it to "the occupier".  The letters are probably lying in the post box.  I can't believe that the council will simply write this off.
BUT of course if the landlord has so much dosh that he's happy to pay his tenants' bills then you're laughing!

CIS

Jumblebumble said:

elsien said:

You could just contact the relevant council dept, explain the dates of your tenancy, that you weren't aware at the time that you were liable to be paying it but now it's on your radar you want to check what the current situation is with regards to any money owed? If they're aware it's you (for example the landlord gave them your information) there could be recovery action going on that you're not aware of. Best to sort now that after a CCJ has been obtained. 

My understanding is that  the councils obtain a liability order from a Magistrates court which is not a CCJ as these are issued by the county court

Correct, it's not a CCJ.

CIS

My tenancy was for 6 months. I genuinely was that busy with work that I never checked the postbox, all of my post and packages either was delivered to the office (I'm always there) or to my parents address.

With a tenancy that was for 6 months it is almost certain that the council tax liability was yours (less than 6 months, perhaps not), You need to sort it with the council as there's nothing to stop the backdating the charge to correct it and issuing a revised demand notice to you. There's nothing that isn't easily solvable.

I am prepared to pay what is owed.. I am just trying to figure out the best way to do this.. the last thing I want is to end up in the dock to be sent down the steps, I'm quite aware 'I forgot to check the post' wouldn't go down too well in a court of law.

It's a hell of a long way from that - a committal order is not going to issued for a 6 month council tax debt.

oldbikebloke

derobe said:

Thanks this makes sense, so the landlord would have been otherwise liable. The same landlord owns all of the apartments in the complex so I am now nervous about re-tenanting there... this could lead to a problem if they paid the tax while I was a tenant there previously and not bothered to chase me, but will now of course be aware of who I am and may bring it up again.
Hmm, not sure if it's best if I find somewhere else now as this could really be opening a can of worms!

you are now adding extra facts that can alter the position

"apartments in the complex"

If by that you mean the property is a council tax HMO, then the Hierarchy of Liability does not apply as there is a specific exception in law that makes the LL the only person liable if the property is a council tax HMO. Note carefully, the definition of a council tax HMO is NOT the same as an HMO under housing law.

CIS

If it's an 'Apartment' that would suggest that it is almost certainly sufficient to be individually banded, in which the council tax HMO route is very unlikely. Even if it's not been banded, it probably should have been (for reference, the banding can be backdated).

Has it already been banded ? - https://www.gov.uk/council-tax-bands

derobe

Hi it's an apartment. Not a HMO, landlord bought them from new when they were built so I'll be dealing with the same landlord is all.
It is banded, Band A.
Confirmed I am moving back there so I need to speak to the landlord about this, I might speak to the current tenant of the flat I used to be in and see if they've had any post addressed to me as well from the council...?