Flatmate refusing to pay council tax

Fatbadger_2

My flatmate and I owe council tax for last year. He refused to pay his share and has since moved out. I'm the one receiving the demands from the council. I have offered to pay half but they want the full amount and will not take anything less. I have asked him to pay me half so that I can pay the full amount to the council but he will not so I am reluctant to pay it all as I only should be paying half. It seems that I have to pay the full amount and then sue my flatmate for half of it. Does that sound right? It seems mad to me. So that I know better for the future, in a shared house what is the best way to arrange council tax to be paid? 

Many thanks in advance for any useful tips!

Baldytyke88

Did you register both names, if not you would have got 25% single-person discount.

Not much of a friend if he is not paying up, find a new friend?

molerat

You are both equally liable for the full amount and the council have the legal right to chase whichever one of you they wish.  The council have your details and as you have made intimations of paying some of it you are the easy one to chase.

If they won't pay then going to court is your only real option and hope that the risk of a CCJ is enough to make them pay.

In future you need to get a written agreement between flat mates around who is responsible for paying various bills and how each will contribute.  Any short comings need to be sorted immediately rather than be left for several months.

Why was it not paid last year ?

LinLui

Baldytyke88 said:

Did you register both names, if not you would have got 25% single-person discount.

Not much of a friend if he is not paying up, find a new friend?

If they got the 25% discount, that would have been fraud. You are required to register all occupants anyway - it isn't optional.

Fatbadger_2

Thanks for the replies. To clarify a bit:
Yes I only registered me as I was there on my own to start with (and it's my first place so I didn't really know what I had to do). My ex friend joined a few months later. I have now explained the situation to the council and I have offered to pay half the bill. I am reluctant to pay my flatmates share as it seems totally unreasonable and unlikely I'll get it back. What happens if I don't? How can they pursue one person (me) for 2 people's debt anyway?? Would the drbt be passed on to a debt recovery firm or will the council pursue it themselves?
Many thanks 

HampshireH

Fatbadger_2 said:

Thanks for the replies. To clarify a bit:
Yes I only registered me as I was there on my own to start with (and it's my first place so I didn't really know what I had to do). My ex friend joined a few months later. I have now explained the situation to the council and I have offered to pay half the bill. I am reluctant to pay my flatmates share as it seems totally unreasonable and unlikely I'll get it back. What happens if I don't? How can they pursue one person (me) for 2 people's debt anyway?? Would the drbt be passed on to a debt recovery firm or will the council pursue it themselves?
Many thanks 

Yes they can and will pursue you for the debt. Council tax debt isn't one to mess around with.

Presumably when your friend joined you they also got named on the tenancy so you have some evidence they may have had a liability (as opposed to being your lodger where bills are usually included) AND added them to council tax bill if so you can try and take them to court.

Sounds like it's in your sole name though.

Council won't care Iif joint or single they will pursue

Fatbadger_2

What I struggle to understand is why pursuing one person is legal. We had 2 tenancy agreements so I've googled that we are both equally liable in the  'hierarchy ' of liability so why can't I pay half and let them pursue the other half from the person who owes it rather than me? Thanks again 

GrumpyDil

Because you are both jointly liable for the entire amount. Simply put the council can go after both or either of you. They don't view the position as you each owe half of the council tax. 

tacpot12

GrumpyDil said:

Because you are both jointly liable for the entire amount. Simply put the council can go after both or either of you. They don't view the position as you each owe half of the council tax. 

Indeed. The legal position is that the OP owes all of the outstanding council tax. Joint and several liability has a long legal history and there is no point trying to fight it. 

apw81

Fatbadger_2 said:

Thanks for the replies. To clarify a bit:
Yes I only registered me as I was there on my own to start with (and it's my first place so I didn't really know what I had to do). My ex friend joined a few months later. I have now explained the situation to the council and I have offered to pay half the bill. I am reluctant to pay my flatmates share as it seems totally unreasonable and unlikely I'll get it back. What happens if I don't? How can they pursue one person (me) for 2 people's debt anyway?? Would the drbt be passed on to a debt recovery firm or will the council pursue it themselves?
Many thanks 

The council will take you to court. If you still don’t pay, the baliffs will be sent to collect. If you’re employed, it might be taken directly from your wages (and your employer becomes aware, might then think you’re in financial difficulty and one to watch). In extreme cases, you can be sent to prison. Messy business. It’s not a consumer debt, and will haunt you for years to come. 

Pay it as soon as you can. Future you will look back with regret if you don’t. 

Fatbadger_2

GrumpyDil said:

Because you are both jointly liable for the entire amount. Simply put the council can go after both or either of you. They don't view the position as you each owe half of the council tax. 

So even if i managed to persuade the council to take half from me, they wouldn't go after the other person? Still me? This seems outrageous that a court would see that there are 2 people but only try and ruin the life of one of them. Surprised the government isn't aware of this renting issue as it seems to be a common complaint online.

So at what point am i at risk of a CCJ ? (That's the one that scares me)


Thanks