Recieved a summons for non payment of council tax

Timasher

mebu60 said:

Presumably the tenants applied for a refund or a credit towards a new address otherwise how would the council know to approach you as the owners for the period in question? 

They have not recieved any refund

fatbelly

Timasher said:

My Wife and I are the property owners. Our last tenants gave up the tenancy and left the beginning Feb 2024 but had paid the full 10 instalments April 2023 to Jan 2024 therefore paying for Feb and March 2024  ie the full years amounts as there are only 10 no unsettlements.

 

The council have chased us as owners for Feb and March 2024 but we have told them the previous tenants have paid the full year’s amount and therefore the council are owned nothing but they have issued us a summons

 

Are the council within their rights to issue a summons for 2 months council tax if the pervious tenants have paid it. ?

Yes

And the tenants have the right to reclaim council tax paid for a period for which they were not liable

Silvertabby

Timasher said:

mebu60 said:

Presumably the tenants applied for a refund or a credit towards a new address otherwise how would the council know to approach you as the owners for the period in question? 

They have not recieved any refund

Then if they are still in North Somerset could they have transferred 2 months credits to their new house?  

HillStreetBlues

Timasher said:

HillStreetBlues said:

What council?

North Somerset

Just checking if it was exempt, but it's not.
When you say " gave up" what does that mean? Did they give notice or do a runner?

Keep_pedalling

Timasher said:

mebu60 said:

Presumably the tenants applied for a refund or a credit towards a new address otherwise how would the council know to approach you as the owners for the period in question? 

They have not recieved any refund

If the tenants informed the council that they had moved out (which seems likely since you are now being chased)  then any overpayment would be refunded unless they have moved to a house in the same council area in which case it should reduce the amount they are paying for the new place. As the owners of an unoccupied property you are responsible for the CT from the point your tenants moved out.

peteuk

I am going to suggest that they (the tenants) have moved and would have found themselves owing 2 months council tax at their new property.
Have they moved within North Somerset/same council? 

Did they have a fixed term tenancy if so they are liable for the CT for the fixed term.  

I would check how much was paid over the 10 months however, they have moved out and not liable for the CT for the two months, you as the owners are.

Hoenir

Timasher said:

mebu60 said:

Presumably the tenants applied for a refund or a credit towards a new address otherwise how would the council know to approach you as the owners for the period in question? 

They have not recieved any refund

Why are you being chased for the arrears then. Did you inform the council you were now responsible. 

elmer

Council tax is a daily charge, you are only charged for the days that you are liable for the property, it is billed in 10 instalments, but feb and march are not free, they have been paid in the 10 instalments. 

If the account is closed then a credit for any days overpaid will be due to be refunded to your tenants, and a charge will be billed to you as landlords for the remaining 60 or so days in the year. If you have received a warrant I suggest you pay it before the bailiffs charges start to mount up.

kkkklinky

You are responsible for the 2 months after the tenants left, since they were not in the property and they likely got that period refunded . The Council would know they moved if they are now paying at a new property. Seems a bit cheeky to expect your tenants(who you know weren't there) to pay for a period they were not living there or not want a refund especially when even the cheapest tiers can be potentially £100+ a month. Council Tax charges can become expensive so I would suggest you pay it.

Jyana

Timasher said:

mebu60 said:

Presumably the tenants applied for a refund or a credit towards a new address otherwise how would the council know to approach you as the owners for the period in question? 

They have not recieved any refund

If the council have been informed of the change in residency then they will have recalculated who owes what. Suggesting they do otherwise would be ridiculous, and quite possibly leaving itself open to accusations of corrupt practices.

The previous tenants will have a refund due for the period they are now not liable for, and whomever has taken over ownershop of the bill since that date will now owe for the remaining months.