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My wife owns a cottage that she rents out. Recently we finally removed a tenant who was a little bit of a problem and now I have been hit with a summons to court for 1 months tax for the cottage because the old tenant says she left 1 month before she did.
I have spoken to Denbighshire Council and they basically said pay up or prove it when you come to court, which hopefully I can with statements from neighbours and the new tenant
Previous correspondence has not been received and they can't find the person who signed the recorded delivery.
Its not much although added court costs have not helped, but who is responsible for the Tax, the tenant apart, me, or my wife who owns the property.
Technically your wife - who owns the property is liable for the council tax, In fact - If I were you - I would get your wife to pay the tax direct to the council and then defend the action on the grounds that you are neither the person living in the property or the person who owns the property therefore you have no liabilty for that property.
They have issued on the wrong person in my opinion so you should be able to save yourslef the court costs.
If your wife pays before the case then they cannot immediately issue on her and generate more costs.
Under Council Tax legislation a partner of a person is always jointly liable so the summons has been issued to a correctly liable person as it stands.
Did you have a signed tenancy agreement with the tenant that covers this period ?, if so then you able to hold the tenant liable for the council tax until either a new liability starts (i.e new tenants) or the tenancy ceased.
As an interesting point of law - although I do not suggest that this OP tries this, having looked at the rules on council tax liability it states that married couples will have joint and several liability.
That statement appears to assume that the couple are living in the property concerned.
When the property is owned by one partner, and neither partner is resident in the property, then I cannot see how the courts could find any liability on behalf of the other partner.
this is just my mental doodlings on the matter and would be interested in others thoughts.
If you have proof that the tenant is liable then you must go to court or the judge will just stamp it as it is presented, he cannot do otherwise.
I have proof in the form of a statement from the new tenant stating he could not gain occupancy because the previous tenant still occupied the property in part and was involved in cleaning it out, not very well as it happened.
I have sent this to the council and they have just ignored both it and my suggestion that my wife owns the property has always done so and while I have usually carried dealings on her behalf I have always stated I'm not liable.
In fact her tenancy agreement had closed but she still had furniture present which made it impossible for it to be classed as vacated or empty
The judge will have no choice than to stamp the liability order unless the person is present and can show they are not liable, so if you can show that then attend or you 'will' be the liable person.
If you can show you are not liable, don't forget to get the council to knock off the court charges which is the real reason they hand out these liability orders by the thousand, they make money out of it.
If you can show you are not liable, don't forget to get the council to knock off the court charges which is the real reason they hand out these liability orders by the thousand, they make money out of it.
Well I can prove the tenant had not moved her furniture out and was still attempting to clean the property.
I can prove the house has always been my wife's but that seems not to count now.
I have spoken to the Council on Friday, but yet again another signed for correspondence has not arrived, 3 RD one now
Looks like i'll have to persuade mt tenant to come with me on Thursday
The application had been suspended by the council until further notice although we were not given any advise of such, which considering the 35 minutes it takes to get to the court pised me off, especially as no one was willing to discuss the matter further.
I have spoken to the council this morning, both the previously received recorded letters have now been informed and my liability has been suspended subject to investigation by their bailiff's
Who is Liable for Council Tax
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Originally Posted by Conniff
