Don't know if anyone can help with this!

I rented my flat to a tenant in 2013.

He didn't pay his council tax.

Every few months the council would send me a bill for council tax after which I would send them all the documentation (tenancy agreements etc.) showing that I was not the person liable for the tax.

They would then put the liability back in the tenants name.

This once went so far as to me receiving a summons which was withdrawn on producing the required documents.

In November I received another demand.

I phoned the council and sent in the requested documents.

However, I then received a summons.

I phoned again, they said the summons was sent in error and there was no further action (this is recorded on the council file) and a confirmation of withdrawl would be sent to me.

I am busy - I forgot about it until the day of the summons and phoned them to ask where my confirmation of summons withdrawl was.

I was told they had no record of any of my calls – I ran to the magistrates court to the hearing.

At the magistrates court I met the council prosecutor before the hearing,

produced all my documents,

after which she agreed to withdraw the summons and said I didn’t need to attend the hearing.

Two weeks later I received a liability order.

The prosecutor continued with the hearing after I had left the court.

I have written to the court to have the Liability order set aside but after a month I have heard nothing. No phone numbers let you speak to anyone.....

What are my options / way forward?

The local authority can apply for the magistrates to formerly quash the order (LGA 2003), other than than the only way (other than to ask the council to cease action) would be to either ask that magistrate to look again at their decision to grant the order or try for an appeal to the High Court.

The problem you do have is that magistrates cannot hear issues of liability disputes ( http://lgfa92.co.uk/council-tax-liability-and-section-16-of-the-lgfa-1992/ ) as that falls within the remit of the valuation tribunal. The order would appear to have been granted correctly by virtue of the correct council tax procedure so even if the court agreed to re-hear the application then the same situation would occur.

I would start a formal complaint process with the council, accompanied by proof you're not liable*, and advise them you will apply to a valuation tribunal if still aggrieved by their decision. You can also ask for the order to be formerly quashed by them (via S82 of the LGA2003)

Craig

* The assumption here is that you actually are in a situation where you actually are not liable and it's not just a case of you think you're not but legislation says otherwise.