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Council Tax - Liability Order - Complex - Advice


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Hi,

I am writing on the behalf of my partner.

 

A complex issue with a previous partner who has not paid council tax and pocketed the money.

 

Essentially a liability order has tracked her down from 2007, and we have drafted a letter in response; This letter is attached. We plan to send that this week.

 

Any input or further advice would be appreciatted.

Council Tax - 270909 for FORUM.doc

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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There is no legal caveat for the council to make exhaustive attempts to find a person for the issuing of the liability order.

 

The regs state

Liability orders: further provision

35.—(1) A single liability order may deal with one person and one such amount (or aggregate amount) as is mentioned in regulation 34(7) and (8 ) (in which case the order shall be in the form specified as Form A in Schedule 2, or a form to the like effect), or, if the court thinks fit, may deal with more than one person and more than one such amount (in which case the order shall be in the form specified as Form B in that Schedule, or a form to the like effect).

 

(2) A summons issued under regulation 34(2) may be served on a person—

 

(a) by delivering it to him, or

 

(b) by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office, or

 

© by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or

 

(d) by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.

 

 

The issuing of the summons can be made to the last known abode and still be legally served.

 

The stance being taken by the council is that the law states that in cases of cohabitation, both parties can be individually made liable for the whole amount.

 

Which is correct under reg 27

Joint and several liability

27.—(1) This regulation applies in a case where, in relation to any chargeable dwelling and any day—

 

(a) by virtue of section 6(3) or (4)(b), 7(4) or (5), or 8(4) or (5) of the Act, two or more persons; or

 

(b) by virtue of section 9(1) of the Act, both the liable person and any other resident of the dwelling to whom he is married ("the spouse"),

 

are jointly and severally liable to pat council tax in respect of the dwelling and that day.

 

and reg 54 allows them to take action against either of the liable parties.

Edited by ss002d6252
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