Council tax responsibility and proof

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    Council tax responsibility and proof

    Hi All, I hope you can help.

    I was sent a bill earlier this year in relation to unpaid council tax for a period of a year and a half, once notified of this I spoke to the council and told them of the tenant that was residing at the property for the time period in question. They asked that I provide a copy of the tenancy agreement for that period and one month proof of payment which I did, I also provided an electrical bill in the tenants name as well.

    I was then asked to provide evidence of payment for every month that the tenant resided at the property, due to the fact the tenant wasn't best known for making payments in a regular and timely manner this is difficult to obtain. I explained this mentioning some payments were made by bacs some by cash and rarely on the correct date so this would prove difficult, I was told if this could not be provided then I would be pursed for the council tax for that period.

    As I feel I have provided more than enough proof please advise as to what my next course of action should be?

    Thanks

    #2
    In future tell council in writing on all changes of occupants. And utilities.

    Provide such further evidence that you have - s8 notices for late rent etc etc etc
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Also, try to not get audited by HMRC, especially if you are using the cash basis accounting option.

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        #4
        Originally posted by mfisher View Post
        They asked that I provide a copy of the tenancy agreement for that period and one month proof of payment which I did, I also provided an electrical bill in the tenants name as well.

        I was then asked to provide evidence of payment for every month that the tenant resided at the property
        How did the tenancy end?

        You should be able to show the start (tenancy agreements and the end (notice or whatever).

        If if you didn’t tell the about the tenant at the start of the lease, you’re reliant on their goodwill, though.

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          Perennial problems with councils - councils cannot overrule legislation on liability however in real terms the day to day decision rests on the council. If they make a decision on liability and decide that they won't budge then the eventual option is to use a Valuation Tribunal. The Valuation Tribunal will make a decision that, unless there is an unlikely appeal to the High Court, is binding on the local authority.

          It should never rest on providing every single rent payment, providing there are sufficient to demonstrate occupancy and it ties in with the tenancy agreement then there shouldn't, in real terms, be a problem but...
          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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