Council Tax

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    #16
    The problem with the magistrates is that they have no powers to determine the liability. Under Regulation 57(1) of the LGFA92 all they can take in to account is whether the council have followed procedures i.e. they have made a decision and then followed this decision through the correct legislative process. Reg 57 stops them from making any decision on any area that falls within the remit of a Valuation Tribunal, e.g. the magistrates cannot review or consider the council's determination of liability as that is a tribunal matter.
    Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

    If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

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      #17
      Pay it.
      Appeal to the Valuation Tribunal.
      Follow the procedure to the letter.
      Council will look at it properly a week before the hearing and then magnanimously back down (if what you say is the full story).

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        #18
        Originally posted by lizzielou View Post

        I agreed to let him end his tenancy in writing, but that isn't the issue.
        If he surrendered the tenancy in writing you may have good evidence of his liability to that point

        Comment


          #19
          Yep, the tenancy being ended in writing is a good sign - the main issue in these sorts of cases is establishing the proof that a tenancy was held on the property (or at the very least that there was an occupation during the period in dispute) so any evidence will assist.

          If the council are willing to push the issue this far and are confident in their own minds that they are right then I wouldn't count on them folding before the tribunal, there's no particular incentive for them to do so. Especially so if they believe they are right - I've seen many similar cases go all the way.
          Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

          If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

          Comment


            #20
            Originally posted by ss002d6252 View Post

            If the council are willing to push the issue this far and are confident in their own minds that they are right

            I don't think it is the council in entirety.

            I think it is just some jobsworth or someone new and inexperienced working there, wielding an inordinate amount of power- failure to pay council tax can end in imprisonment.

            I wouldn't count on them folding before the tribunal, there's no particular incentive for them to do so.
            I would.

            I believe that before it gets to tribunal, someone knowledgeable from the council looks at each case properly. It is only then you get a fair decision.

            Up until then, you are just wasting your time playing council ping pong.

            Free Valuation Tribunal procedure here;

            https://www.gov.uk/council-tax-appeals

            NB the procedure needs to be followed to the letter, with proof at all stages.

            Comment


              #21
              If the council are willing to push the issue this far
              I don't think it is the council in entirety.
              I think it is just some jobsworth or someone new and inexperienced working there, wielding an inordinate amount of power- failure to pay council tax can end in imprisonment after all.


              I wouldn't count on them folding before the tribunal, there's no particular incentive for them to do so.
              I would. (If what the O.P says is the full story)

              I believe that before it gets to tribunal, someone knowledgeable from the council looks at each case properly.
              It is only then you get a fair decision.

              Up until then, you are just wasting your time playing council ping pong.

              Free Valuation Tribunal appeal procedure here;

              https://www.gov.uk/council-tax-appeals

              NB the procedure needs to be followed to the letter, with proof at all stages.

              Comment


                #22
                It may well be one person who doesn't know their job, I've seen and worked with plenty, but they equally well could be following instructions they have been given. Some of the instructions I've seen coming from council managers have been nothing short of completely contradictory to legislation.

                The facts from the OP's posts, from what we know about it, certainly suggests that they are in the right and have a good case however that doesn't mean that the council will concede the case before a tribunal. I've seen enough tribunal cases from the council end and spent enough time working in local authority to see what happens (you also just need to look at some of the tribunal decisions to see what a mess the council can make when they're certain they're correct) - to review and conceed before the hearing you're counting on a) the council to change their mind over a decision they've already decided was correct and/or b) the person dealing with the hearing for the council is competent (in many situations their not).

                At the end of the day though all the OP can do is to write to the council and advise then under s16 of the LGFA92 that they dispute the decision and will consider an appeal if a satisfactory answer isn't given. After that time will tell...
                Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

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                  #23

                  There are many ways to pay your council tax but the easiest way is to pay online now.
                  https://www.luton.gov.uk/council_tax...uncil-tax.aspx

                  Comment


                    #24
                    **UPDATE** After sending them all the evidence again and asking for confirmation that everything had been looked at I received yesterday an email from them stating that indeed the tenant was liable for the council tax for the period I stated and that my evidence was sufficient and no further action would be taken. They are going to send me the updated bill of the period of non occupancy that I will pay upon receiving. Thank you to those who helped, believed me and helped me to realise that I was in the right.
                    x

                    Comment


                      #25
                      Excellent result.
                      Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                      If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

                      Comment

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