Council Tax Debt

[Deleted User]
[Deleted User] Posts: 0 Newbie
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in Bankruptcy & living with it
I am looking into a DRO and part of the debt is a 4k council tax debt. My partner lives with me (although her name isn’t on the bill)….will she become liable for some of the debt? 

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  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    Hi, have you contacted one of the free debt help agencies about a DRO?

    If not, that would be a good idea because they can advise you about all aspects of a DRO.

    Links for free debt help agencies below. 

    I used StepChange for my DRO a few years ago and they were very knowledgeable, friendly and helpful.

    https://www.stepchange.org/
    https://nationaldebtline.org/
    https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/

    I hope this info is helpful. Good luck with it all.  :)
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  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    edited 9 March 2022 at 6:57PM
    Deleted_User said:
    I am looking into a DRO and part of the debt is a 4k council tax debt. My partner lives with me (although her name isn’t on the bill)….will she become liable for some of the debt? 
    No, in a DRO the debt is written off, so it cannot be chased or attributed to any 3rd party, once your DRO is approved.


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  • Minkym00
    Minkym00 Posts: 770 Forumite
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    Your partner can only be made liable if she is registered as living there and on the bill. If not, she won’t be chased for it. 
  • fatbelly
    fatbelly Posts: 20,485 Forumite
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    I'm going to differ...

    partner...

    lives with me...

    Technically that is joint and several liability according to the council tax regs (I had remembered an archaic phrase about 'living together as man and wife'). It now seems to read:

    Under section 9 of the LGFA 1992, as amended by the Civil Partnership Act 2004, spouses and civil partners of liable persons are jointly and severally liable for the tax if:
    • the person is not a student or severely mentally impaired; and
    • they are a man and a woman who are married to one another or not married but living together as man and wife,
    • they are of the same sex and either civil partners of each other or are not in a civil partnership but who are living together as if they were civil partners.


  • Fighthebarstewards
    Fighthebarstewards Posts: 3 Newbie
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    What I was told is that your partner needs to be on the tenancy agreement for them to come after her. It doesn't matter if the agreement is out of date. 

    Is her name on the council tax bill ?  If not, you are probably in the clear. When council tax is over due they usually send separate letters to whoever is jointly liable. 
  • Fighthebarstewards
    Fighthebarstewards Posts: 3 Newbie
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    If her name isn't on the bill, they will have trouble coming after her later.  

    Once the DRO is done they usually don't come after partners even if they are jointly liable. 
  • Borders2017
    Borders2017 Posts: 44 Forumite
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    If shes living with you and not registered on the council tax and you are claiming a single discount, that's fraud and they can come after you for that too. Make sure she's registered at the property if she is living there. You have clearly not had things in order before so dont make a mistake a stupid  again.
  • fatbelly
    fatbelly Posts: 20,485 Forumite
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    The OP isn't saying that she is undeclared and he gets a 25% single person discount.

    He's saying that her name is not on the bill.

    That would indicate that he is at a higher point on the council tax hierarchy than her - perhaps he has a tenancy in his name or is a homeowner (can't have a DRO though in that case).

    He's just asking can the council tax debt be ascribed to her on his insolvency and under LGFA 1992 it can
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