Help needed please !

[shammy36]

Hi All,
Got a small problem with a house i let out , and hope i can get a bit of advice.
my old tenant moved out in feb07 and the house was empty for four months while it had a refurb ( iam a builder by trade).New tenants went in at the end of june 07,four of them,although the guy whos name the council tax was in, left after approx two weeks.during this time i had tried to claim a refund on my council tax for the period that the house was empty,registered my forms acopy of new tenancy agreement, and was told that they would be in touch.Never heard anything until yesterday when my tenant phoned to say that balliffs had posted a walking possession notice through his door with his car reg make and model on the form,although the name on the form was his brother, the lad that moved out after only a few weeks.
My tenant did not sign this form it was just posted through the door with charges for £22.50 first visit and £45 levy fee
I never had no notice from any court or the council to say that this was going to happen,and when my tenant phoned the balliffs to try to explain ,he recieved a torrant of abuse and demands for payment. Any thoughts on what to do guys ? your help is much appreciated.

[chris600uk]

Originally Posted by shammy36

Never heard anything until yesterday when my tenant phoned to say that balliffs had posted a walking possession notice through his door with his car reg make and model on the form,although the name on the form was his brother, the lad that moved out after only a few weeks.
My tenant did not sign this form it was just posted through the door with charges for £22.50 first visit and £45 levy fee

You must do everything in writing, recorded delivery, emailed etc.

AFAIUI the tenant is in a spot cos he's liable for the council tax from the date he moved in and the law allows the liability order to cover anyone who lives at the address who would expect to be liable for the council tax.
The Council Tax (Administration and Enforcement) Regulations 1992


However the first thing to do is to check out the certificate of the bailiff whose name is on the levy/Notice of Distress. No certificate, no levy.

[chris600uk]

The levy itself doesn't give the bailiff a right of entry, but if he/she has a valid certificate that authorises him/her to operate for the firm named on the Notice of Distress/Levy, then they do have a right to seize/clamp the car.
Unless it is hired/leased, subject to hire purchase or the property of a third party.

[chris600uk]

Originally Posted by shammy36

my old tenant moved out in feb07 and the house was empty for four months while it had a refurb

So you've already dealt with that, did you keep proof/copies of correspondence?

[chris600uk]

Originally Posted by shammy36

New tenants went in at the end of june 07,four of them,although the guy whos name the council tax was in, left after approx two weeks.

Hmm, first there were four, and then there were three.
That was June 2007, and it's now February 2008.
Did they all think they weren't liable for council tax because the person named on the bill had left? Are these tenants young students?

There is usually some correspondence from the council, and to be fair they seem to have waited quite a long time before doing anything about it.

You need to get a copy of the liability order or a print out of the account from the council

[shammy36]

HI Chris
Thanks for your thoughts,spoke to the council this afternoon and they want another copy of the registration form and dates when the new tenants tenancy started.I have already done this when i applied for the rebate,somthing does not seem right ?

[shammy36]

Hi Chris,
Just checked the notice and the sig is just a scrawl across the form.
Also the girl at the council said that she would contact the baliffs to get them to hold off to give me time to get the forms back to them.What bothers me is that ive had nothing in writting from either the council or the county court

[chris600uk]

Well unfortunately although that is wrong, it doesn't make the liability order less valid - all they have to show is that there is a liabiility, and that is enough - unless you can show that there isn't.

The council can vary the amount on the liability order, but the bailiffs will do everything they can to get you to pay them more than you actually owe.

You should sent a Subject Access Request request, there's a template letter, or you can cut and paste one off a previous post, or download one off a website. there are several around.

Incidentally, if the car that was levied was NOT parked outside the house but was parked on the Public Highway away from the house, then it should not have been levied against. (Statute of Marlborough 1267, I think the years right).
But you'll need to prove that with witness statements, photos etc, to be able to challenge that.

So you see, there is quite alot you can do

[shammy36]

Hi Chris
If i send a Subject Access Request who should i send it to and would this place the account in dispute and stop any inforcement until i can sort it out,the thing is,i put the account in my name when the first guy left left,then i applied to the council for the rebate,but they are still chasing this guy,sorry mate what a mess !

[chris600uk]

i)You can send a Subject Access Request to the bailiffs, they are obliged to give you information. The owner of the car, if they are not named on the levy and the person named on the levy could challenge it, by claiming their car back.
I would use a Statutory Declaration for that cos its cheap and quick.

ii)I'm not sure whether you can get the enforcement actions stopped or not.
Look at it from the bailiffs point of view:
a. You have taken over the responsibility for the council tax for reasons best known to yourself - if that makes it sound strange, well thats how it looks because you appear to be taking responsibility for someone elses debt.
b. There is a liability because unless they are exempt or disregarded for some reason, the people living at the property are liable for the tax.
c. You or they would appear to have the means to pay the tax.

[shammy36]

Hi chris
Going to see the council today, and will let you know how it goes.
many thanks for your input.

[shammy36]

Hi Chris ,
Good result from the council ! The guy i seen went through everything phoned the balliffs while i was there and put the action on hold,after going through my case he agreed to give me another six months exemption and said he would contact me in due course with a new figure.
I paid the guy £100 then and there to help cover any shortfall in the new figure,he gave me a reciept,and im hoping this will help keep the balliffs at bay,as i will carry on paying the council and not them.

[chris600uk]

That's great news!

AFAIUI so long as the council keep accepting your money, the bailiffs are officially out of the picture.

Well done! Feels good doesn't it.

[shammy36]

Sure does Chris, thanks for the good advice,he even told the balliff that the levy on the guys car was invalid as he was not on the tenancy agreement that i gave him