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Liability order - how to appeal


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Hi there.

 

I'm a landlord and have the misfortune to deal with Liverpool council on an almost daily basis.

 

My main problems stem from council tax, the non payment of it by tenents and the subsequent pursuit of me by the council which normally ends up with liability orders being granted against me.

 

Right now I have a couple of liability orders outstanding. In neither case was I responsible for the council tax, and in both cases the liability summons' were not delivered to my home address so I didn't have a chance to respond to the council before the orders were granted.

 

One actually dates back 8 years.

 

Anyway, I'd like to appeal against these liability orders and I think I have clear grounds for having them set aside.

 

How do I go about doing so? The council obviously are no help, and getting solicitors involved will cost thousands (and anyway I'd like to do it myself)

 

Is there a specific form I should fill in? Do I need to deal with the magistrates court? What should I ask for?

 

Any advice gratefully received!!

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Hi Coniff,

 

Thanks for your speedy reply.

 

I have the tenancy agreement for one of the periods in question. For the other period the property was undergoing renovation and was therefore eligible for exemption.

 

My problem is that the council will not withdraw the liability orders. I have corresponded with them on these two matters for over a year now and am getting nowhere.

 

The way I see it I have two options.

 

1) Pay the council tax in question, then attempt to claw back through their official complaints procedure. I'm guessing this will be a lengthy and probably fruitless exercise, plus I will have to pay the council a large sum of money up front which is not ideal.

 

2) Attempt to have a court set aside the judgement (or rescind, not sure of the terminology) If this is possible then it is by far the most preferable option. I have the proofs that I should not have been made liable and am confident that a court would agree.

 

I am just not sure where to start. I'm guessing magistrate court but that's about it!

 

Thanks again!

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