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#Post#: 25831--------------------------------------------------
Re: Non motoring CCJ
By: peodude Date: June 13, 2024, 6:53 am
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[quote author=cp8759 link=topic=2186.msg25735#msg25735
date=1718226728]
I would also question whether there is any point in applying to
set the liability order aside. Is the council likely to be able
to recover the outstanding council tax from the former tenants,
assuming they can even be found? As I understand it if the
council tax cannot be recovered from a tenant, the council can
go after the landlord instead, so if you're going to end up
having to foot the bill anyway then it might end up being an
awful lot of hassle for no real benefit.
[/quote]
It depends on the terms of the tenancy agreement.
If, upon expiration of the fixed-term of the contract, the
tenancy continues as a contractual periodic tenancy, then the
tenant will be liable to pay the council tax until the end of
their notice period (even if they leave the property before the
end of the notice period). This is because they are still in
that original contract which is at least 6 months long.
For a statutory periodic tenancy, the council can pursue the
Landlord directly for unpaid council tax.
#Post#: 25944--------------------------------------------------
Re: Non motoring CCJ
By: Colin_S Date: June 14, 2024, 3:48 am
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Just received an email from the council confirming they have
accepted my evidence and have adjusted liability. Hopefully the
enforcement agents get the same....
#Post#: 26071--------------------------------------------------
Re: Non motoring CCJ
By: ivanleo Date: June 14, 2024, 1:52 pm
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[member=460]Colin_S[/member] I've moved this thread to the
non-motoring forum.
#Post#: 26985--------------------------------------------------
Re: Non motoring CCJ
By: H C Andersen Date: June 21, 2024, 9:45 am
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I rent a flat and a previous tenant appears to have advised the
council they had vacated the property more than 12 months ago
and that I was responsible for the council tax when, in fact,
they stayed until evicted earlier this year. The council has
subsequently billed me at the property and then started court
proceedings for non payment resulting in a judgement against me.
I only became aware of this when I found letters addressed to me
at the property very recently.
Can we unpick this pl.
As I understand it..
You are the landlord/owner?
Are you also a resident?
The simple default position is that CT is payable by the
owner/landlord unless the property is occupied by another person
under a tenancy.
Have there been periods during your ownership when the property
has not been occupied and therefore you were liable for CT?
Was the tenant paying CT prior to ceasing to occupy the
property? If so, how e.g. by instalments etc?
Were these payments current until the date the tenant claims
they vacated the property?
Have you SAR'd the council to obtain copies of their
correspondence to you?
I don't know how detailed advice could be given until the issue
of who is actually liable for any unpaid CT and its quantum have
been established and the sequence of council correspondence to
whom, where and when examined.
#Post#: 27337--------------------------------------------------
Re: Non motoring CCJ
By: Colin_S Date: June 24, 2024, 3:50 am
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I am the owner but not occupier.
The tenant was paying council tax for some years but 'appears to
have' advised the council that they no longer occupied the
property and that I was liable despite their continued occupancy
for the last 12 months +.
I have managed to sort this out now with the council and the
only tax I am liable for is for the current void period whilst
the property is being refurbished and re-let, so we're all
pretty much sorted now. I'm just waiting for them to agree
figures as they may offer a discount for the property being
empty and, if not, I would expect to at least receive single
person's discount.
A SAR may be interesting if only to see exactly how the council
were notified of me supposedly being liable for the tax. This
flat falls under a Selective Licensing Scheme so the council
have my name and address on file but the nomination has my name
spelt incorrectly suggesting it came via a third party.
#Post#: 27533--------------------------------------------------
Re: Non motoring CCJ
By: H C Andersen Date: June 26, 2024, 3:22 am
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You are liable by default unless the council are notified by
another party, in this case a tenant.
When that tenant then notifies the council that they are
vacating the property then you automatically become liable when
this takes effect. As I understand it, you do not become liable
simply because the tenant defaults on payment, how CT is
collected is associated with but not the same as determining who
is liable in the first instance.
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