Flatmate refusing to pay council tax

booneruk

This happened to me a couple of decades ago. Various flatmates disappeared leaving me carrying the can for the whole amount. I think it got to the stage where the council demanded the whole amount for the year in one go after a few months of missed payments. 

I think I was about a year or so away from buying my first flat so decided to take it on the chin rather than dash my credit record. 

I felt the same way you do, but in the end there was no sensible option rather than paying up. 

GrumpyDil

Oh and this will be progressed via magistrates court rather than county court meaning they are a lot quicker to escalate to baillifs etc (my daughter had similar earlier this year). Unless you can't afford to I would pay it and deal with the other tenant separately (via small claims if you think it is worth it). 

lincroft1710

Fatbadger_2 said:

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

You will not "persuade the council to take half" from you, as CT legislation permits them to pursue either of you for the full amount. From your posts it appears that you still occupy the flat, so it is logical that they pursue you. It is not "a renting issue" as joint and several liability applies to owner occupiers as well as tenants. 

The expression "trying to ruin the life" is somewhat of an exaggeration and wouldn't impress a court 

FreeBear

Fatbadger_2 said:

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

For council tax, it will be a liability order (and you get charged for the honour, usually £120). If you don't pay up, the council can apply for an attachment of earnings. They could also instruct bailiffs which incurs additional fees of between £75 and £235 (and yes, they also need to be paid). Ultimately, you could be sent to jail to reconsider your position (the bill will still need to be paid, along with the extra charges). The best way to avoid all this financial mess is to pay the council tax bill in full, and pay it promptly.

Fatbadger_2

Phoenix72 said:

Fatbadger_2 said:

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

How many times do you need to be told that joint and several liability is a well established legal principal. Ignore your 'outrage' pay it and if you are so inclined take your former friend to court to.

Everyone else has been polite and helpful. Please learn some manners, they cost nothing👍Or if this thread bores you, simply don't read it, it's not compulsory to reply matey 👍

Fatbadger_2

Thanks all. Looks like I have to pay a debt owed 50% by another and it's sanctioned in law. I can see why this might be right in some circumstances, but for sharing rental accommodation it's a very unfair situation. I'm not going to waste money chasing the waster who moved out, but I might find his car 🤔😎

prowla

The bottom line is the council don't give a monkeys about how many people were there, and verbal agreements, or whatever; they simply want to get the money by the easiest method with no regard to any perceived rights and wrongs or fairness.

Baldytyke88

Fatbadger_2 said:

Thanks all. Looks like I have to pay a debt owed 50% by another and it's sanctioned in law. I can see why this might be right in some circumstances, but for sharing rental accommodation it's a very unfair situation. I'm not going to waste money chasing the waster who moved out, but I might find his car 🤔😎

Since you got a 25% discount by fraudulently not declaring your flatmate, they could pursue you for the other 25%

BarelySentientAI

Fatbadger_2 said:

Thanks all. Looks like I have to pay a debt owed 50% by another and it's sanctioned in law. 

You don't have to pay a debt owed 50% by another.

You have to pay a debt that you both owe 100% of.

That's the "joint and several" bit that you keep ignoring.

I know it seems counterintuitive, but 100% of the debt is yours.

Fatbadger_2

BarelySentientAI said:

Fatbadger_2 said:

Thanks all. Looks like I have to pay a debt owed 50% by another and it's sanctioned in law. 

You don't have to pay a debt owed 50% by another.

You have to pay a debt that you both owe 100% of.

That's the "joint and several" bit that you keep ignoring.

I know it seems counterintuitive, but 100% of the debt is yours.

We have established that and I have not ignored it, I've simply stated an opinion that it is in my opinion morally wrong to chase one person for a joint debt.