Historic Council Tax Issue

Irish_lad80 · 12 September 2017 at 4:00PM

Hi, friend has just got back from holidays and received some letters in the post in relation to non payment of council tax in the years 2006/7. The first set of letters were addressed to the 4 tenants in the house (but sent to my friends new address) and stated that there was nearly £1,000 of tax owed from the two periods (2006/2007). My friend hasn't been in contact with the 3 other tenants since she moved out in 2007 but has been living and been paying council tax in SE London since that time. Another set of letters were sent 10 days later stating that she had 14 days to pay up the full amount or provide her work details so it could be taken from her salary or else she would be charged more money and bailiffs would be called . This time the letters were only addressed to her. My friend is adamant that she paid her share in full at the time and to be fair she is a stickler for these things so I believe her but being 10/11 years ago she has no evidence of the payments (who keeps receipts that long). Given she no longer has contact details for those in the house, (lost the phone with their numbers) can she still be held liable for their share? Will the council still look for the other people or now they have one person will they just say tough luck and squeeze her for the total amount?
Thanks in advance and any advice much appreciated.
This is my first post so hope I haven't made any errors.

pmlindyloo · 12 September 2017 at 4:06PM

Could you please tell us what kind of tenancy agreement your friend had. Was it a joint tenancy or individual tenancies? Was the house classed as an HMO (House of Multiple Occupation)?

Who did she pay her council tax to? Landlord? Council?

Was the landlord living in the house?

And finally, which country are we talking about/ England, Wales, Scotland?

saajan_12 · 12 September 2017 at 4:09PM

So friend was a tenant? Did she & housemates rent the whole house under one joint&several agreement or rent individual rooms?

Who did she pay her 'share' of council tax to.. direct to the council / to a co tenant / to landlord?

How did she pay.. cash? bank transfer? online?

Guest101 · 12 September 2017 at 4:11PM

Irish_lad80 wrote: »

Hi, friend has just got back from holidays and received some letters in the post in relation to non payment of council tax in the years 2006/7. The first set of letters were addressed to the 4 tenants in the house (but sent to my friends new address) and stated that there was nearly £1,000 of tax owed from the two periods (2006/2007). My friend hasn't been in contact with the 3 other tenants since she moved out in 2007 but has been living and been paying council tax in SE London since that time. Another set of letters were sent 10 days later stating that she had 14 days to pay up the full amount or provide her work details so it could be taken from her salary or else she would be charged more money and bailiffs would be called . This time the letters were only addressed to her. My friend is adamant that she paid her share in full at the time - her share? she owes 100% of it, just like they all do. and to be fair she is a stickler for these things so I believe her but being 10/11 years ago she has no evidence of the payments (who keeps receipts that long). - The council ? Given she no longer has contact details for those in the house, (lost the phone with their numbers) can she still be held liable for their share? - there are no shares, so yes Will the council still look for the other people or now they have one person will they just say tough luck and squeeze her for the total amount? - yes she owes the full amount. If she can track down the other people, she may be able to get it from them (but unlikely)
Thanks in advance and any advice much appreciated.
This is my first post so hope I haven't made any errors.

My only other concern is that there is no way a council would let this go on for 10 years without going to court.

CIS · 12 September 2017 at 4:28PM

Irish_lad80 wrote: »

Hi, friend has just got back from holidays and received some letters in the post in relation to non payment of council tax in the years 2006/7. The first set of letters were addressed to the 4 tenants in the house (but sent to my friends new address) and stated that there was nearly £1,000 of tax owed from the two periods (2006/2007). My friend hasn't been in contact with the 3 other tenants since she moved out in 2007 but has been living and been paying council tax in SE London since that time. Another set of letters were sent 10 days later stating that she had 14 days to pay up the full amount or provide her work details so it could be taken from her salary or else she would be charged more money and bailiffs would be called . This time the letters were only addressed to her. My friend is adamant that she paid her share in full at the time and to be fair she is a stickler for these things so I believe her but being 10/11 years ago she has no evidence of the payments (who keeps receipts that long). Given she no longer has contact details for those in the house, (lost the phone with their numbers) can she still be held liable for their share? Will the council still look for the other people or now they have one person will they just say tough luck and squeeze her for the total amount?
Thanks in advance and any advice much appreciated.
This is my first post so hope I haven't made any errors.

It's almost certainly already been to court for the granting of a liability order. The 14 day notice they were sent is more than likely a request for information form under regulation 36 of the council tax (administration & enforcement) regulations 1992 - this can only be sent after the liability order has been granted and the council could, if they had wanted, taken further action in respect of the form not being returned.

I'm seeing historical issues more and more amongst my clients - the local authorities are trying harder than ever to chase down historic debts.

As pointed out above, one of the key aspects is what the type of agreement it was - was it a joint tenancy or was it on a room only basis etc ? Council Tax legislation differs in how each situation is treat and what the best response is.

Providing it was a joint tenancy then each individual is equally responsible for ensuring full payment - there is no apportionment of Council Tax liability and any of the liable parties can be pursued individually for any amount up to and including full payment.

Craig

Irish_lad80 · 12 September 2017 at 5:03PM

Believes in was a joint tenancy but not certain on that, being so long ago she can't recall. Tax would have been paid in the post office or to another tenant she believes. Bank account doesn't show details going back that fair online. Not to the landlord. Landlord did not live there at any stage. She thinks it was classed as a HMO. The house is in Greenwich Borough London. Friend was early twenties at the time.
Liability order was granted but this is the thing I find strange, it was granted in the June of 2006 but the tenancy only started in the April 2006. On the first letter received is says it was granted in June for the total up to Apr 2007 (1,200 split between Greater London and Greenwich fees, 950 odd having been paid during the year). The second order was granted in June 2007 again for the year starting Apr 2007 but they all moved out in July of that year. Statement seems to suggest that no tax for that year was paid again, friend insists that she paid her share in full. Do we have the right to request a full statement of all payments and charges etc?
As far as friend is aware no letters were sent during the time about tax owing. Also she is concerned that the second letter is only addressed to her, like they have given up on trying to contact/find the other tenants listed on the first letter where they were named as liable parties.

Irish_lad80 · 12 September 2017 at 5:06PM

So seems like she was unlucky to have been the first person they contacted and therefore she now has to foot the bill for the total amount owing even though she believes she was possibly the only one who did pay in full at the time. She was never overly friendly with them and has no contact details so very little chance of finding them

Guest101 · 12 September 2017 at 5:07PM

Irish_lad80 wrote: »

Believes in was a joint tenancy but not certain on that, being so long ago she can't recall. Tax would have been paid in the post office or to another tenant she believes. Bank account doesn't show details going back that fair online. Not to the landlord. Landlord did not live there at any stage. She thinks it was classed as a HMO. The house is in Greenwich Borough London. Friend was early twenties at the time.
Liability order was granted but this is the thing I find strange, it was granted in the June of 2006 but the tenancy only started in the April 2006. - why is that strange? On the first letter received is says it was granted in June for the total up to Apr 2007 (1,200 split between Greater London and Greenwich fees, 950 odd having been paid during the year). The second order was granted in June 2007 again for the year starting Apr 2007 but they all moved out in July of that year. Statement seems to suggest that no tax for that year was paid again, friend insists that she paid her share in full. Do we have the right to request a full statement of all payments and charges etc?
As far as friend is aware no letters were sent during the time about tax owing. Also she is concerned that the second letter is only addressed to her, like they have given up on trying to contact/find the other tenants listed on the first letter where they were named as liable parties.

They have given up, they've found her.

Irish_lad80 · 12 September 2017 at 5:11PM

I say strange that liability order granted in June only 2 months after the tenancy starts because I would have though it would be longer than that before the council seek such an order. Then she really was unlucky that they found her first and don't care that there are 4 people listed as liable. Does she have any right to appeal?

Guest101 · 12 September 2017 at 5:13PM

Irish_lad80 wrote: »

I say strange that liability order granted in June only 2 months after the tenancy starts because I would have though it would be longer than that before the council seek such an order. Then she really was unlucky that they found her first and don't care that there are 4 people listed as liable. Does she have any right to appeal?

Nope 2 months is pretty standard.

Appeal on what basis?

Irish_lad80 · 12 September 2017 at 5:32PM

That's what I'm asking. I would think as the letter is addressed to 4 people not just her that they wouldn't just try to squeeze the one person dry. Also given the time frame involved give time to try and find any details of payments or to find the other people involved. Strikes me as being very unfair of the council is all. If she asks the council for a statement of payments do they have to provide it?

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