Payment of Council's Court Costs

[bluetop]

I am being taken to court for non-payment of council tax on a property I rent out. The council sent out a reminder notice and a summons notice, in quick succession, to the rented property address over Christmas and new year. I was away on holiday between 19/12 and 05/01 and attended the property on 12/01 by which time both notices had arrived. The council tax period covers April 2009 - December 2009.

I am willing to pay this council tax without question but not their court costs as I believe they have acted unreasonably in not trying hard enough to send the first notice to my home address for this as I am a council tax payer in the area and I also receive housing benefit payments from the council for other rented properties I own. Also, for about £3 they could have sorted this out a lot sooner and for a lot less money. I also think they have acted unfairly by sending these notices out over the Christmas period when many people go away.

Am I within my rights to withold payment of their court costs? Can the council reject my cheque and pursue me for the whole amount at the court hearing (next Thursday) or do they have to accept the payment of the council tax and go scratch somewhere else for their court costs?

[Mortitia]

Why are you paying Council Tax on the rental property if it is not your main residence ?- have I missed something here?

If you still think you should pay it then you could try and negotiate with the council to avoid a hearing and put your argument as you have written here. I'd say you have a 50/50 chance.

The courts are currently trying to get parties to sort out themselves where possible and I think you should try or incurr more grief at court.

Mortitia

[hughjones]

I don't understand why you are being held responsible for Council Tax on a property you rent out? Would not the tenants be liable for this?

Rgds, Hugh.