Council Tax

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #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.

    Comment


      #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).

      Comment


        #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
            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


              #21
              Originally posted by boletus View Post

              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 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.
              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.

              Comment


                #22

                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

                Latest Activity

                Collapse

                • Joint tenancy - end fixed term
                  Nottinverno
                  Hello,

                  need some advice, please, I'm getting mad at this.

                  I have a joint tenancy, renting a flat through an agency with other 2 people, ending end January.
                  I have decided to move out and I gave my notice (to both the agency and my flatmates) last end November, however...
                  09-01-2018, 14:29 PM
                • Reply to Joint tenancy - end fixed term
                  mariner
                  How did you give Notice on 1 Jan 18?
                  You can leave at any time but your T will not end until 31 Feb 18 IMO.
                  (1 Jan -31 Jan does not give requisite min of 1 rental period). LL may be more tolerant on dates.
                  20-01-2018, 01:26 AM
                • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  Hi

                  I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

                  One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

                  I then went through months where...
                  Black Grout they want me to get redone...
                  17-01-2018, 21:53 PM
                • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                  Bounce
                  In regards to this, I attended the property today with a plumber, as he tenants claimed they had tried using some sink unblocker and plunger etc...

                  When we were shown the sink she now decides to tell us that since using the sink unblocker it doesn't seem to bad (she could have told me this...
                  19-01-2018, 23:13 PM
                • Reply to Joint tenancy - end fixed term
                  KTC
                  Ask the solicitor for their interpretation of section 5(5)(b) of the Housing Act 1988 regarding giving a notice to quit on the first day of the statutory periodic tenancy.
                  19-01-2018, 22:54 PM
                • Reply to Joint tenancy - end fixed term
                  Nottinverno
                  Oh nono, I have to leave at the end of Feb. I have already moved forward my move and luckily the new landlord is flexible, but I can't stay other 2 months in my current place.
                  It really seems that as soon as the periodic roll starts I can serve 1 month notice, so by end Feb I should be able to...
                  19-01-2018, 22:48 PM
                • Payment Break
                  OlliesDad
                  I have a great long-term tenant who, along with her husband and daughter has been with me for nearly 5 years. Unfortunately the husband has done the dirty and left leaving her with nothing but debts. Her finances are in a mess and she has said she may need to move in with family whilst she sorts herself...
                  18-01-2018, 21:27 PM
                • Reply to Payment Break
                  royw
                  You have a good tenant and if it were me I'd be looking for ways to keep her rather than evict her. Might be worth having a chat and find out how much she can afford now and in the long-term. If she can afford it on her own once the debts are cleared possibly offer her a reduced rent for a year equivalent...
                  19-01-2018, 22:26 PM
                • Tenants not vacated at check-out
                  tatemono
                  Had a lovely young couple with a baby in our property for about 8 months, they gave notice to leave as he'd moved out after they split up and she couldn't afford rent. Sad situation for them. Property has been on market since.

                  Anyway, yesterday our very competent and well-trusted long-standing...
                  09-01-2018, 08:58 AM
                • Reply to Tenants not vacated at check-out
                  KTC
                  If it were a notice to quit given during a periodic tenancy, as opposed to an agreement with the landlord during the fixed term, then tenancy has ended. Validity of a notice to quit does not depend on whether the tenant follow up and acting in accordance to it. A notice to quit is not a notice of intention....
                  19-01-2018, 22:20 PM
                Working...
                X