Equita council tax liability order

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    Equita council tax liability order

    I bought my house on 3rd June 2005 under the intention of moving into the property at the time..I completed a card from council stating I would be only person living at the address. Due to personal reasons 6th June 2005 I decided to LET the property out. The property has been let ever since now....council have issued a liability order for me for unpaid council tax for year June 2005 - year 2006. I have provided them with tenancy agreement and letters and bills showing my address at my parents house. They have said that this is not valid evidence as I completed the card to say that I am sole occupier of prperty. This has now been passed to Bailiffs. The council told me to get more evidence...i.e utility bills under tenants names..

    I contacted Utility company but they said they understand my situation but due to data protection act cannot send me info.

    Can anyone help! Thanks

    #2
    Originally posted by nasxtra View Post
    I bought my house on 3rd June 2005 under the intention of moving into the property at the time..I completed a card from council stating I would be only person living at the address. Due to personal reasons 6th June 2005 I decided to LET the property out. The property has been let ever since now....council have issued a liability order for me for unpaid council tax for year June 2005 - year 2006. I have provided them with tenancy agreement and letters and bills showing my address at my parents house. They have said that this is not valid evidence as I completed the card to say that I am sole occupier of prperty. This has now been passed to Bailiffs. The council told me to get more evidence...i.e utility bills under tenants names..

    I contacted Utility company but they said they understand my situation but due to data protection act cannot send me info.

    Can anyone help! Thanks
    Provided the tenancy agreement states that T is responsible for council tax and is signed by the tenant then I personally would have thought that the council is just being difficult and would probably fail if the claim went to court.

    Comment


      #3
      Why are they chasing you about a matter that is 5 years ago?

      Did you change the council tax record in 2005 into the tenants names?

      And, if the council had acted much sooner, they could have pursued it with the tenants who were in in situ?

      Comment


        #4
        Originally posted by HairyLandlord View Post
        Why are they chasing you about a matter that is 5 years ago?
        Because there is a Limitation Act 1980 time limit of six years for proceedings?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          Because there is a Limitation Act 1980 time limit of six years for proceedings?
          But why wait 5 years is my question?

          Comment


            #6
            You will lose. If the council take you to court, you will be in front of "Their" magistrates and you will be found guilty quicker than you can blink.
            Even if you take a solicitor to court and successfully defend it, you will still lose as your solicitors fees will be expensive at your cost.
            But to look on the bright side, presumably you have been declaring the rent over the last 5 years. if you have to pay the council the back rates all in one go, this can be offset against this (or last) years income tax.Or get a refund.
            I would also consider all the periods between changes of tenants where the house was unoccupied where council tax would not have been paid.
            And can I ask, why was the council tax not put into the tenents name. Or is it that it went into the tenants name but the council did not notice and now they have noticed they are trying to get the arrears. Well this in my opinion is something which you could perhaps complain to the Ombudsman for.

            Comment


              #7
              Originally posted by Always Problems View Post
              You will lose. If the council take you to court, you will be in front of "Their" magistrates.
              Nonsense. Magistrates, as Justices of the Peace, are quasi-judges, report to the Lord Chancellor, and have no legal relationship with local authorities.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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