Council Tax - Court Summons

CIS

Providing that the outstanding council tax and any costs charged are paid before the court hearing then no further action will be taken with regards to the summons. Always best to ring them after a few days and check its gone through.

browneyedbazzi

CIS - you previously gave me some helpful advice about my council tax situation and I'm hoping you (or someone else who is equally knowledgeable) can help again.

The basics are that I lived in a shared house, paid rent for one room and had access to shared common areas. Another tennant rented the other bedroom and also had access to the shared areas. We had seperate agreements with the landlord and paid rent seperately. My understanding (and what you confirmed) is that the situation would be classed as an HMO for council tax purposes and that the landlord has liability for the council tax.
I've since received a summons for non-payment of council tax.

After your advice I wrote to the council, explaining our situation and saying that I believed the landlord is liable for the council tax, not myself and the other girl as the property qualifies as an HMO.

The LA responded saying that the landlord told them that myself and the other girl had a shared tenancy and should be liable for the council tax so we are liable - they've said that we have to pay the tax and the costs and then take civil action against the landlord to get the money back. This doesn't sound right to me! If the landlord has liability for the council tax under the law then how can they make us pay it?

I asked if it was their common practice to just take a landlord's word for things (as they didn't seek confirmation with me and she can't possibly have provided documentation to back up her claim). It's been several days and they haven't had any reply to that question.

What's my next move in this situation? Is there any relevant case law that may be helpful to me? Do I need to go to court and contest the liability order??

Thank you in anticipation x

JasX

Do you still have a copy of your individual tennancy agreement in your name only? ie can you prove separate tennancy agreements exist?

If so I'd suggest worth fighting. you'll probably end up still needing to pay a 'share' of the tax but should be able to avoid any late payment / pentaly fees.

How much time do you have before the court date?


[STRIKE]There are also arguments about you providign the council with a correct postal address (the property in question at which you had set up a redirection). but the council off their own backs took an incorrect address from a 3rd party, due to them doing so you did not recieve any correspondance on the matter.[/STRIKE] ignore this bit, getting confused between posters

Also did your tennancy agreement say anythign specific about council tax and/or refer to 'taxes that may fall due pertaining to the property' eg that you accept full liability (bad for you in this case) or that you were responsible for re-imbursing the landlord in respect of (better for you in this case) or nothing (in which case if the house is provable by you as being a HMO, the landlord failed to put anything into the agreement saying you'd need to pay council tax they could have made a blunder)

I'd suggest your next move would be to send proof to the council you were on separate tennancy agreements

browneyedbazzi

Thank you for the reply Jasx. I don't recall council tax being mentioned at all in the tenancy agreement but I'll dig it out and see what exactly it says.

In terms of proving the separate tenancy agreements, myself and the other girl moved in at different times so each agreement has a different start and end date and neither one mentions the other tenant. I don't think mine specifically says 'Room X plus shared access to common areas' (which in hindsight I probably should have insisted it said...having had good landlords in the past I didn't forsee all this hassle!)Would this be sufficient to prove HMO?

Also, if the landlord is liable for the council tax because it is an HMO would I still be expected to pay a share of it now?

The council hasn't given us the option of proving to them that it was an HMO. They're just blanket saying 'the landlord says it wasn't so you are liable' - is that usual practice? How do I get around that to get the opportunity to show them proof?!

Thank you again for your help!

CIS

Thank you for the reply Jasx. I don't recall council tax being mentioned at all in the tenancy agreement but I'll dig it out and see what exactly it says.

Any reference to Council Tax in the T/A has bearing whatsoever on the legal liability for Council Tax - any arrangements in the T/A that would give a different result to statutory legislation would be a contract law matter between you and the landlord, it would not affect the legal liability.

What is interesting would be the wording of the T/A in respect of what you had to pay, what part of the property you rented and any reference to joint tenancies etc etc.

If the property is an HMO then the L/Lord is liable for that period, there would be no apportioning of the charge during that period between yourself and the landlord.

browneyedbazzi

Hi CIS, I finally managed to speak to a reasonable and professional chap from the council today (at the court) and after showing him my paperwork he has agreed that I'm not liable for the council tax and said they will update the account and cancel all action against me. He's even promised to write to me to confirm that this is all done

I just wanted to say thank you so much for your advice, it was invaluable to me! Having this situation resolved and no longer hanging over my head will work wonders for my stress level!

CIS

Thats good to know.

It doesn't surprise me - what I usually find is that may 'processing ' mistakes aren't picked up until recovery action is taken and then its them (me) who get all the problems to sort out and get all the grief for having to sort someone elses mistakes.

at_my_wittsend

Am annoyed at how quick and easy the Councils can issue a summons - a piece of paper printed by them and charge you for the pleasure....basically, the new Council tax year started April 1 as we know......I paid my council tax april 22....and then May's council tax I paid 25th May....Saturday I received a Court summons saying as I hadnt paid on time and they were taking me to Court....what!!!!!! I've paid. I had a conversation with a lady at the office on 25th May, which conviently has not been noted (I know from my job and theirs that all customer calls, with time date and conversation has to all be logged, I challenged this today to be told, she probably only went to the payment screen - bullcrap) she said let me bring all your details up, she never mentioned that the day before a summons had been prepared and was being sent! Anyway, she said to get a direct debit form in and pay that way as I could pay on 20th of each month then as I cannot no way pay on 1 of the month as I have kept telling them! I rang council today, who said tough luck, case was going to court and that I had to pay for the summons and liability order. Grr. Not happy at all. I wouldn't mind if I was sat here typing saying I hadn't paid and had no intention! I am more than willing to pay but cant pay on the 1st of every month but as they pointed out that's a crime...well !!!! me for not being rich, getting off my !!!! as a single parent and trying to make ends meet and pay all my sodding bills.

scrimping_steff

I have arrived at this thread being in the same boat as many others and most of what I've read has frustrated me but such is life. However I do have a query someone might be able to help me with

I got the court summons for one months missed payment (I forgot to transfer some money across to my account, as simple as that) I was awaiting the letter they normally sned to pay this so I would know where to send the moeny etc as I pay by standing order normally. This never came, unfortunalty by what I've read here I cannot prove this so I've had it. I want to avoid the court summons, the only way to do this is to pay my council tax bill in full (is this correct?) if I beg and borrow enough to do this, will this affect my council tax benefit claim currently going through? will they still pay out council tax benefit on a paid bill.

CIS

I got the court summons for one months missed payment (I forgot to transfer some money across to my account, as simple as that) I was awaiting the letter they normally sned to pay this so I would know where to send the moeny etc as I pay by standing order normally. This never came, unfortunalty by what I've read here I cannot prove this so I've had it. I want to avoid the court summons, the only way to do this is to pay my council tax bill in full (is this correct?) if I beg and borrow enough to do this, will this affect my council tax benefit claim currently going through? will they still pay out council tax benefit on a paid bill.

Paying the charge in full will not affect any council tax benefit claim - any council tax benefit you are entitled to would be offset against your account and any credit refunded.