Last year I received notice of a liability order for council tax for a bedsit (with shared bathroom) I was previously living in. The council tax related to the period of April 2007 to July 2008 however I lived in the bedsit from Aug 2005 to July 2008 and had a tenancy agreement with the landlord that he would pay the council tax.

I am now paying the council tax by instalments and have been trying to track down the landlord (i no longer have his details or a copy of the tenancy agreement). The letting agents have been incredibly unhelpful and refuse to give me any information.

Through research I have established the following facts:

The property contained 10 flats/bedsits

6 of these, including the one I lived in, were banded together as a single dwelling from 1993 - therefore the owner was liable for CT

On 24th April 2007 these 6 bedsits were banded separately and liability transferred to the occupiers

I never received notification that the bedsit was to be banded separately and therefore that I would become liable for the council tax.

After speaking to the council they said that the first council tax bills were sent in July 2008 which weren't delivered until after I had moved out of the property so I never saw them. Their reasoning for sending the bills at this time is that the landlord only notified them that I was a tenant AFTER I had moved out. A court summons was issued and a liability order was placed on me without me knowing any of this.

I have done a lot of research to try and find out where I stand but I can't find anything about my situation.

So my questions are:

1. Should the council have sent a notification addressed to each bedsit to inform them that there were now separately banded and liable to pay CT?

2. Should the council have sent something to each individual bedsit asking for details of who was living there in order to start issuing bills instead of waiting for the landlord to inform them.

3. If they only sent notification to the landlord, then would he have had a legal obligation to tell me?

4. Would it be more fruitful to try and sue the landlord?

5. How can I track my landlord down and get a copy of my tenancy agreement?

I have appealed the council tax and received a letter saying that the property was not classed as a house in multiple occupation and was liable for a separate banding. I plan to appeal to the Valuation Tribunal but would like to find out as much about the process surrounding the changing of the banding before I do.

Thanks in advance for any help and advice you can provide. This is a complicated case and I haven't been able to find much info at all about these circumstances.

1. Should the council have sent a notification addressed to each bedsit to inform them that there were now separately banded and liable to pay CT?

 

2. Should the council have sent something to each individual bedsit asking for details of who was living there in order to start issuing bills instead of waiting for the landlord to inform them.

 

3. If they only sent notification to the landlord, then would he have had a legal obligation to tell me?

 

4. Would it be more fruitful to try and sue the landlord?

 

5. How can I track my landlord down and get a copy of my tenancy agreement?

1)

They would have billed the occupiers (if known) otherwise they would have billed the landlord.

2)

Same as 1)

3)

No

4)

You could try but as it was only a room in a shared property then , until they were banded separately, the landlord was always liable for the council tax. After the property was banded then you may have a valid cause.

5)

Try getting a land registry doc for the property. (about £4)