Council tax demand for somewhere I never lived

brutal_deluxe

Hi everyone, I'll try to keep this short...

1. I was evicted from my previous home due to a sale. (I live alone)
2. In my fear of being made homeless, I signed an agreement for a property I couldnt afford.
3. During the reluctant process of moving in to the new property, I was able to surrender the agreement with the condition I pay a month's rent and council tax etc.
4. I then began to move back out, putting my stuff in storage. (I stayed with relatives during this time)
5. I responded to a council tax demand, figuring they might waive the bill as I never lived there.
6. They said it was still due, and in fact, I owe the full amount with no single persons concession (because I hadn't lived there and therefore it wasn't my main dwelling)
7. It is now going to an informal tribunal, however I have seen my Council's evidence pack which looks like something put together by a solicitor - full of emails where I said I never lived there.

In my mind, I never did live there (hence why I told them that at the outset), However, the law says I am entitled to my single persons discount if this was my sole or main dwelling. The fact (for tax purposes) is that IT WAS my sole/main dwelling and I had began to move posessions in. My council refute this, saying I told them otherwise, and that I was living with relatives.

All I have to present to the tribunal is a plea that I never considered myself as having moved in. All I wanted to do was take advantage of a potential concession if that was the case. However, having understood the law/policy, Technically I was moving in and it was always going to be my sole dwelling.

• I have receipt of an on street parking permit which proved my intent to live there
• I have an invoice to show my posessions went into storage, proving I wasn't intending to live anywhere else.

My council are desperate for what will be an extra 40 quid on top of what I have always agreed to pay. 

I honestly don't know what to do. 40 quid is a lot when you haven't got it.

swingaloo

brutal_deluxe said:

Hi everyone, I'll try to keep this short...

1. I was evicted from my previous home due to a sale. (I live alone)
2. In my fear of being made homeless, I signed an agreement for a property I couldnt afford.
3. During the reluctant process of moving in to the new property, I was able to surrender the agreement with the condition I pay a month's rent and council tax etc.
4. I then began to move back out, putting my stuff in storage. (I stayed with relatives during this time)
5. I responded to a council tax demand, figuring they might waive the bill as I never lived there.
6. They said it was still due, and in fact, I owe the full amount with no single persons concession (because I hadn't lived there and therefore it wasn't my main dwelling)
7. It is now going to an informal tribunal, however I have seen my Council's evidence pack which looks like something put together by a solicitor - full of emails where I said I never lived there.

In my mind, I never did live there (hence why I told them that at the outset), However, the law says I am entitled to my single persons discount if this was my sole or main dwelling. The fact (for tax purposes) is that IT WAS my sole/main dwelling and I had began to move posessions in. My council refute this, saying I told them otherwise, and that I was living with relatives.

All I have to present to the tribunal is a plea that I never considered myself as having moved in. All I wanted to do was take advantage of a potential concession if that was the case. However, having understood the law/policy, Technically I was moving in and it was always going to be my sole dwelling.

• I have receipt of an on street parking permit which proved my intent to live there
• I have an invoice to show my posessions went into storage, proving I wasn't intending to live anywhere else.

My council are desperate for what will be an extra 40 quid on top of what I have always agreed to pay. 

I honestly don't know what to do. 40 quid is a lot when you haven't got it.

Your post is very confusing, you state you never lived there but then state you did.

The court would not accept 'In my mind I never lived there'.

Did you pay the one months rent and council tax when you surrendered the tenancy?

What date did the tenancy start and end?

Did you inform the council when you moved in and inform them again when you moved out because if you did then you can only be liable for those dates. 

brutal_deluxe

swingaloo said:

Your post is very confusing, you state you never lived there but then state you did.

The court would not accept 'In my mind I never lived there'.

Did you pay the one months rent and council tax when you surrendered the tenancy?

What date did the tenancy start and end?

Did you inform the council when you moved in and inform them again when you moved out because if you did then you can only be liable for those dates. 

Yes it does sound confusing, sorry. All I want to do is pay what I agreed, which was 1 months council tax. So I am liable for that period as part of the deal to mutually surrender the rental.

• I have not yet paid the bill as the amount they are asking for has gone to a free tribunal. 
• The dates of rental spanned 1 month
• My letting agent informed the council of my tenancy, not me

I began to move posessions in about half way through the month, then a few days later struck the deal with the landlord and agents to move out.

I had barely spent a few days there before I was shifting stuff out again. Effectively, in my opinion I never lived there, which is why I said what I said to the council.

During the moving in period, everything was up in the air.

I dont know what else I can do other than take it on the chin as something I've completely messed up. Unless you might have any ideas?

swingaloo

You cant say 'effectively I never lived there', you signed the tenancy which you later surrendered and if that tenancy was for one month then that is what you owe, it doesn't matter if you don't sleep there every night for that month, you are still the tenant. Bu it is up to you to tell the council that you have moved out when you leave.

Did the one months council tax you paid to the landlord actually get paid to the council?

Did you tell the council when you moved out?

brutal_deluxe

swingaloo said:

Did the one months council tax you paid to the landlord actually get paid to the council?

Did you tell the council when you moved out?

I haven't actually paid the bill yet as it has been in dispute since day one. (They have not demanded anything yet due it being in dispute)

I didn't tell the council when I moved out. All they have is the letting agreement which states 1 month.

swingaloo

brutal_deluxe said:

swingaloo said:

Did the one months council tax you paid to the landlord actually get paid to the council?

Did you tell the council when you moved out?

I haven't actually paid the bill yet as it has been in dispute since day one.

I didn't tell the council when I moved out. All they have is the letting agreement which states 1 month.

This is your problem, unless you tell them when you leave they will continue to bill you. Whoever moved in after you should have informed them when they moved in.
How much are they asking for, what happened to the months council tax money you paid to the landlord?

brutal_deluxe

swingaloo said:

brutal_deluxe said:

swingaloo said:

Did the one months council tax you paid to the landlord actually get paid to the council?

Did you tell the council when you moved out?

I haven't actually paid the bill yet as it has been in dispute since day one.

I didn't tell the council when I moved out. All they have is the letting agreement which states 1 month.

This is your problem, unless you tell them when you leave they will continue to bill you. Whoever moved in after you should have informed them when they moved in.
How much are they asking for, what happened to the months council tax money you paid to the landlord?

They have only billed me for one month, which is correct. But they won't apply the single person's discount on account of telling them I 'never lived there'.

I have not paid this bill (it was due back in March) because I immediately appealed it and it has been in the hands of an ombudsman since then while they collect evidence from both parties.

I know I've messed up, I basically asked them if it could be waived because I never lived there. Well it cannot be waived, and now I understand the conditions for single persons discount, technically I feel I qualify, because I was actually moving in with the intention of staying there for the duration.

swingaloo

How many months rent did you pay to the landlord? 1 or 2?

brutal_deluxe

swingaloo said:

How many months rent did you pay to the landlord? 1 or 2?

1 month. For the rent and admin fees. Nothing else.

lincroft1710

If you never actually lived there, then you are not entitled to the 25% SPD.

brutal_deluxe

lincroft1710 said:

If you never actually lived there, then you are not entitled to the 25% SPD.

Yes which would be fine and fair, but I fit the legal definition (sole resident and my main dwelling) despite classing myself as never living there. That's the only argument I have, it feels like this is almost word against word. But the evidence shows I was moving in, on my own, with the intention of living there long term. The problem is unfortunately I was there an incredibly short period of time,