Flatmate refusing to pay council tax

FreeBear

Fatbadger_2 said:

lookbook said:

So did you pay it in full?

No i am about to but wanted to know if there was any way to get the other tenant to pay their half... Seems virtually impossible without deep pockets for legal advice 

How I deal with it - Advertise a room for a lodger. Get him/her to pay a monthly rent that covers all bills including council tax. If they fail to pay at the beginning of the month, they get kicked out after four weeks. As a lodger with (almost) zero statutory protection, it is very easy to get rid of them - The deposit they paid before moving in gets refunded, less any deductions for unpaid rent and/or damages.

lincroft1710

Fatbadger_2 said:

lincroft1710 said:

Look at it another way.


You are having to pay 100% of the CT bill, but when you were living on your own you were paying 75%, so you are only paying 33.33% extra 

Very funny Lin.
Hope it makes you feel a little better trolling people who rent and have been ripped off by a flatmate 👍

I am not trolling, your financial situation is not as bad as you think it is. Do the maths yourself

lincroft1710

Fatbadger_2 said:

lookbook said:

So did you pay it in full?

No i am about to but wanted to know if there was any way to get the other tenant to pay their half... Seems virtually impossible without deep pockets for legal advice 

If you mean the non-paying tenant, rather than any future co-tenant, you use MoneyClaimOnLine (Google it). You just stick to the facts, claim for his unpaid half. It will cost but not much and you add the the cost of making the claim to the amount of the claim. No legal professionals need be involved

prowla

Fatbadger_2 said:

prowla said:

Oh, I missed the bit about only declaring single residency and getting a 25% discount. In telling the council that there were in fact two people there, they might come back for the extra 25% too.

You've misread. Thanks for your input, no more required, cheers

OK - sorry 'bout that; mypoint wasn't to lecture you, but rather to warn you of a potential issue in pursuing the dual occupancy thing. However, since you say you didn't apply for the discount then it's irrelevant. No more input from me, though; cheers.

Baldytyke88

BarelySentientAI said:

Fatbadger_2 said:

Hypothetical Q: If a council knows both flatmates addresses, will the council pursue both for 50% each or do they tend to choose one person for 100%? How do they decide who to go after for a joint debt?

Thanks for all the info, all very helpful 👍

They'll try and pursue both for 100%.  Starting with the one who's named on the original bill.

Just like they didn't send each of you a bill for 50% of the CT at the time. 

I don't believe they will pursue the other tenant, it will just make it really complicated for them. The other tenant never signed the council tax form, its just hearsay. Unless of course, they want to go for an undiscounted council tax.

saajan_12

Fatbadger_2 said:

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 

The reason for this is what if someone moved 10 people in.. the council would have 10x the costs chasing each person for their 10%, to get the same total amount for the property. Or the other person is the jobless son, or a stay at home parent with a side job coverign a small proportion of the household bills.. How does the council know that the flatmate didn't transfer their share to you to pay centrally? Basically its nothing to do with the council how sharers choose to split their bills.

Instead, they make all the named residents liable jointly & severally, ie each person owes 100%, upto not receiving more than the original total. Whoever ends up paying then pursues the others based on whatever split they internally agreed. 

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

Question: Was the flatmate named on the council tax bills?
If so, then the council may chase both of you, but stop when one pays. As far as  you're concerned, if you don't pay then the fees and court orders will rack up just as much in your name, so your best bet is to pay and then sue him in small claims court. 

There's no deep pockets or scary legal process needed for that.. you do it online, pay a small fee, often its all handled on papers or via phone. You may go to a hearing in a small room with <5 people. No one usually has paid legal advice.