Council changing their mind about charges and fees

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Hi I really hope someone can help me. I am from the EU and I was studying in the United Kingdom. I was except from council tax as I was a student. Once I graduated I left the United to Kingdom to return home as I did not have a job and did not want to go on benefits. My ex roommate put me on the council tax bill which was after I left without my knowledge. My old roommate was horrible damaged and trashed the home which came from my deposit as they would not accept responsibility for their drunk behaviour. There was court fees for two weeks council tax as they ignored letters for months.

I wrote to council as I explained the situation with evidence how I left the property when I handed the keys to landlord whilst I was still a student to return home. Emails from my landlord were included confirming this. I stated I would pay my share if my name is separated as as all the issues my old roommate has even though I left the United Kingdom.

The council wrote to me and stated they would remove my name from the account and stated it was done in error from my old roommate calling them. I was not required to pay anything. If they need to discuss this they will write to me.

I have just gotten an email stating I now do have to pay. Can a council just change their mind like this? Can someone roommate put your name on council tax without knowledge when I had left the property.

I would appreciate any help or advice with this please?

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  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    edited 3 March 2019 at 3:53PM
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    Assuming England or Wales,

    The council can make a decision based on the information as they see it but they cannot go outside of council tax legislation to do so. They can always revise a decision if they believe an earlier one was incorrect.

    You can fight the charge but it may require a valuation tribunal if the council still won't agree - half the problem is knowing what specific points you are arguing.

    Was it a joint tenancy for the property whilst you were resident or were you only paying an individual rent ?

    A person cannot be added to a tenancy without their permission otherwise it would not be a legal tenancy - a tenancy in itself is not required for council tax liability however there are other issues, based on what you have said, which would indicate you were not liable.

    If you weren't resident and someone else was resident in the property then you can't be liable anyway, even if you held a tenancy (if the property became empty the situation would be different). There may also be other ways in which you don't fall to be liable.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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