City council is being really unfair

[axil23]

This happens to me every other month now.

This is a example of a recent one -

AST from Jan 10 to Jan 11. Tenant moves out in Jan 11 and I get the Baliff knocking at my door earlier this week with a outstanding council tax notice for the period Aug 11 till Jan 11. I take the AST down to the city council and they claim that the T advised them that he moved out in Aug 11. They will not accept this AST and netheir will they take accept the rent book. I always submit the AST within a month of the T moving in.

The Tenant definitely stayed till Jan 11. To avoid paying the council tax they advise the city council that they have moved out. It then takes them 1.5 yrs year to bill me in the mean time the Tenant has long gone.

This happens at least once a month. I have complained to the city council but they don't listen and it's not nice having baliff's knocking at your door every other week.

City council says that the only proof they will accept is bank statements (DSS and students more or less always pay in cash) or utility bills from that house which I can't get.

LAW would you or anyone else be able to give me the legal low down on this situation?

[Dave A]

I guess all councils are different, but we ring up and talk to them at the beginning and end of tenancy stating who is responsible from when. Always worked so far.

Cheers

[axil23]

I guess all councils are different, but we ring up and talk to them at the beginning and end of tenancy stating who is responsible from when. Always worked so far.

Cheers

I always drop off a AST within a week of them moving in. Problem with my council is that if the T tells them that he has moved it then takes them 6-12 months to bill me. In the meanwhile the T has left.

Over the summer I had some students who were due to move out in Sep so in July they advised the city council that they had moved in May as their exemption had finished. The city council billed me when they were still in the house. Luckily this one came through within a few weeks. Anyway so I went to the city office and advised them that the T's were still living there and they could send someone out to check. They did not send anyone and 2 weeks back I get the Baliff knocking at my door with a £500 bill.

Surely when I have a signed AST isn't the T liable for those dates?

[Carryon Regardless]

As Dave different Councils different policies.

For Denbighshire I email a specific contact to update on T in / out as if I email the generic address it just gets lost somewhere. They too believe a T when they say they are gone, or when the DSS start to pay for them at a new property which is more common.

They allow 6 months Council tax exemption for mt and unfurnished properties. This is usually enough to make any discrepancy irrelevant. A recent long void cost me £51 though. T gone to new within notice period, void actually less than 6 months but my problem to recover from ex T. I didn't bother as the T didn't inform the electric co of a closing reading so I recovered some from that and passed her new address to them, swings and roundabouts.

Maybe you could claim the exemption for the void ??

[LLAW96]

Its been a while since I have dealt with a matter like this, basically there is a clearing off process to establish liability for payment;

1. A resident freeholder

2. A resident leaseholder (this includes AST's)

3. A resident statutory/secure tenant

4. A resident licensee

5. A resident

6. The Owner

The key here is the residential element which leaves the owner (landlord) a payer of last resort subject to any deductions for anempty property etc and any liability under The Council Tax (Liability for Owners) Regulations 1992/1995. The bottom line is that the resident in whatever form is responsible for the payment of the council tax up until the date of departure. The date of departure could be evidenced easily in my opinion, if all else fails you could produce a statutory declaration confirming the date of departure. This would be enough for any council tax finance department to through in the towel. If you still have no luck the a complaint to the local authority ombudsman would seem in order.

[axil23]

Its been a while since I have dealt with a matter like this, basically there is a clearing off process to establish liability for payment;

1. A resident freeholder

2. A resident leaseholder (this includes AST's)

3. A resident statutory/secure tenant

4. A resident licensee

5. A resident

6. The Owner

The key here is the residential element which leaves the owner (landlord) a payer of last resort subject to any deductions for anempty property etc and any liability under The Council Tax (Liability for Owners) Regulations 1992/1995. The bottom line is that the resident in whatever form is responsible for the payment of the council tax up until the date of departure. The date of departure could be evidenced easily in my opinion, if all else fails you could produce a statutory declaration confirming the date of departure. This would be enough for any council tax finance department to through in the towel. If you still have no luck the a complaint to the local authority ombudsman would seem in order.

Just to confirm LAW if the T was in property and I have the tenancy to prove it then he is the one liable right? They can't come after me if they can't track the T? What if the T has told them lies like in my case?

Wasn't there a recent court ruling (I am sure I read it on this forum) that if a T signs a AST and then moves out he is liable till the date the LL rents out the property again.

What really bothers me is the constant harassment from Baliffs even when I have informed City council.

[Grampa]

If the property has sharers with their own AST's the landlord can be chased for the council tax if the tenants dont pay.

[axil23]

If the property has sharers with their own AST's the landlord can be chased for the council tax if the tenants dont pay.

Nope Grampa. It was a single AST with one person on it.