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ss002d6252
Senior Member
Last Activity: 17-01-2018, 18:27 PM
Joined: 24-01-2009
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  • ss002d6252
    replied to Council Tax
    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.
    ...
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  • ss002d6252
    replied to Council Tax
    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...
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  • ss002d6252
    replied to Council Tax
    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...
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  • ss002d6252
    replied to Council Tax
    You're right, they shouldn't need to have to appeal but I've seem much stranger decisions over the years (and due to the nature of the forums, we only ever get one side of the dispute, the council will always give another side to it.)...
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  • ss002d6252
    replied to Council Tax
    If you're going to appeal then make sure you go through the correct process with it. It's easy to lose an appeal if it's not done correctly so get help if need be.
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  • ss002d6252
    replied to Council Tax
    As long as the fixed term is agreed for 6 months or more then the tenant would be liable*, whether resident or not, until the end of the fixed term. Once the fixed term ends then the situation needs reviewed again as occupation etc needs to be looked at. If the tenancy ends early then that doesn't remove...
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  • For council tax purposes it would need to be banded as an individual dwelling....
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  • peacelily,

    You need to contact the local authority to clarify - the council may have simply recorded you as being resident for the purposes of correct ing the charge rather than adding you as a liable person. If they had have you as a liable person then you need to advise them that under...
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  • s6(3) of the LGFA92 only applies where there are parties with the same legal interest - e,g. two resident owners would fall jointly liable.

    As the OP states they are only a lodger then the 'landlord' has the higher legal interest under s6(2)(c) of the LGFA92 and would be liable for the...
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  • If it's currently defaulted in to a statutory periodic then that is a tenancy on a monthly basis and doesn't meet the 6 month or longer requirement. That would mean the tenant was liable only when resident. If however the contract continued under a contractual term in the original tenancy then it's...
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