Council tax

lee28_2

My dad passed away in 2nd August 2020, he lived alone, I was living in a different area, his sister dealt with everything after his death, I was only 19, I have now received a letter from a debt collection agency for council tax owed from 2nd August 2020 to 28th October 2020, I have contacted the debt collection agency and the council but both are saying that I am liable for the council tax, it's 3 half years after his death, what can I do? How am I liable? Any help would be appreciated 

fatbelly

On what basis are they saying you are liable?

Did you inherit the property?

Was anyone living there, formally or informally, after his death?

What happened on 28 October?

A property would normally have a class F exemption until 6 months after probate granted, provided it remained unoccupid

Marcon

lee28_2 said:

My dad passed away in 2nd August 2020, he lived alone, I was living in a different area, his sister dealt with everything after his death, I was only 19, I have now received a letter from a debt collection agency for council tax owed from 2nd August 2020 to 28th October 2020, I have contacted the debt collection agency and the council but both are saying that I am liable for the council tax, it's 3 half years after his death, what can I do? How am I liable? Any help would be appreciated 

More info needed please...

Did he own the property? Was it empty in the period 2.8.20 to 28.10.20? If not, was anyone living there during that time, or was anyone registered as being resident there?

You say your aunt dealt with everything. Was there a will, or if not did she apply for letters of administration?

lincroft1710

The estate of the deceased becomes responsible for paying any CT due immediately after the death. However providing no one is living in the property and ownership has not been transferred to a beneficiary or new owner, then a Class F exemption will be given until Probate is granted, so no CT payable. As you say you were not living in the property I do not understand why you are being charged unless you were an administrator or executor of the estate and have already distributed the estate. Something, somewhere is very wrong and I can only assume the council believed you were living at the house between those dates.


You need to speak to a Senior Revenues Officer (or similar) at the council, not just the first point of contact. 


Finally being only 19 at the time is irrelevant, being 17 or younger would be very relevant.

lee28_2

The property was privately rented, I Don't speak to my aunt so unsure what process was done, I know that the owner put the property up for sale September 2020 and it was sold on 30th October 2020, I've tried to tell the council this but was told I'm still liable for the council tax.

lincroft1710

This could change things, it is now going to depend on the type of tenancy your late father had, but unless you were an administrator or executor of the estate or were a named co-tenant or had personal possessions still in the flat, I do not see you could be liable

fatbelly

So it was privately rented to your father. On his death the owner would become liable.

In order for you to be liable you would have to be a joint tenant or at least living there.

Back to my earlier post, you need to ask the council on what basis you are liable

lee28_2

I wasn't a co-tenant, I wasn't even on the tenancy. My nan was his next of kin, but due to her ill health and her living on the Isle of White my aunt dealt with everything as she still lived near to the property, my aunt dealt with registering his death, he died of a sudden heart attack at 56 so there was no will in place that I know of. 

elsien

How are you communicating with them because you really need to be doing it in writing. Explain what you’ve said here. That it was a rented property. You have never lived there. And you were not an executor of any estate. Asked them to explain exactly why they think you are liable.

lee28_2

I phoned them today, as I got the letter today, I'll send them an email explaining everything then hopefully they will listen

fatbelly

You don't want to explain to them until they first explain to you.And BTW we're talking about the council, not the monkeys they employ to chase debts.

Otherwise you may bombard them with irrelevant information.

Why am I liable for council tax at (address) from (date) to (date)?

They will probably say 'because you were the sole resident'

Then you can prove where you were living. Nothing else matters. Make sure they cancel the liability order