Hi everyone,

It seems i've been posting in the wrong forum.

Basically, my prolem is that my previous council are billing me for council tax which i dispute.

I have appealed this for the last 3 years and never hear anything from them.

I have proof of this as i always hand the appeals in in person and get a receipt.

Anyway latest is that even though they are saying i did not live in the house i am liable for the council tax and i quote, from the head of the dept.

"under Council Tax law if there is no resident in a property the tenant has the greatest interest in the property but the Council does not believe you to have been resident in there until 2nd Spetember 2010"

Please help me as it is making me ill and there seems to be no end to the mess.

The facts are that i lived in the property from April 2009 - February 2012.

The Council are saying only from September 2010 - February 2012.

I received Income Support at the time and therefore should have been exempt from paying the Council Tax.

The Council want me to pay despite saying i was not a resident and that i am liable over the owner.

Council Tax law states the owner is liable, if they are saying i wasn't resident how can i be liable to pay?

Please help:-(

I'm no expert in Council Tax matters but this does not make sense at all.

To help the forum help you, could you answer some questions please?

Why are the Council saying you only lived in the property from September 2010 rather than from April 2009?

Is the demand for council tax for the property you lived in from April 2009, or for another property which they think you lived in?

Do you have proof (e.g. a tenancy agreement or utility bills with your address on) of where you lived between April 2009 and September 2010? Have you given the council copies of your proof?

For what period were you receiving income support, and did you also claim housing and council tax benefit, and if so, for which property?

Is the quote from the head of department an exact copy of what is in a letter, or something you were told on the phone?

reallymadwoman,

The quote from the head of dept is AN EXACT quote taken from his email to me last night at 18:46.

Think they are saying from September 2010 as i put in a new claim from then. I had appealed all the council tax bills prior to this and they told my MP for me to submit a new claim so i did.

They don't explain why but think this is the reason.

I claimed council tax benefit from April 2009 but they stopped it in December 2009 as said i didn't live there.

I have a stalker that told them this.

The demand is from where i lived from April 2009 until February 2012.

I have utility bills.

Not given them to council yet as live over 150 miles away now and don't have need to go back neither do i want to.

They ignore all my appeals so can't trust they will return the bills or even acknowlege i have sent them if i do by post.

Was receiving Income Support for a few years before i put in the ctb claim.

Sorry, it might be me, but this still doesn't make sense, so have I got this right?

The council are demanding that you pay council tax for the period from April 2009 to September 2010 for a property which they say you didn't live in?

Is this because they paid you council tax benefit for this property and they are now saying you weren't entitled to it because you didn't live there?

If this is correct then I think you need to write to them, and send via recorded signed for so they can't deny receiving it, and ask for a full explanation of exactly why they think you owe this money. However, I am not an expert on council tax or council tax benefit, so wait and see what others advise.

From September 2009 to September 2010 for a property they say i didn't live in yes.

They paid me up until December 2009 then stopped it. No ctb after then.

April 2009 to September 2009 giving 6 mth empty property discount.

I've asked them already they've replied as the absent resident i'm to pay is their explanation.

The Council want me to pay despite saying i was not a resident and that i am liable over the owner.

 

Council Tax law states the owner is liable, if they are saying i wasn't resident how can i be liable to pay?

If you still held the tenancy on the property after you left then you remain liable for the council tax due as you had a legal right to occupy the property (you dont have to be physically resident to be liable for the council tax). In my experience (from working in council tax) these cases come about as a person has retained a tenancy but moved out of the property and the landlord holds the person to the end of the tenancy agreement - if this is the case then there is nothing the council can do, you would need to negotiate with the landlord to see if they will change the end date of your tenancy.

You've got this all wrong.

They say i didn't live in the property from the start of the tenancy April 2009, so giving the property empty property discount until....

They say i moved in September, 2010 until February, 2012. They accept i left the property February, 2012 so nothing to do with the landlord.

It is the middle part of the tenancy that they want the council tax for not the end and i was receiving income support then so nil liability.

It all hinges on how i can prove i was living in the property and what they will accept as evidence.

The relevant dates are September, 2009 until September, 2010.

That is when they want the money for.

I was on IS, they say i didn't live there!

You've got this all wrong.

 

They say i didn't live in the property from the start of the tenancy April 2009, so giving the property empty property discount until....

 

They say i moved in September, 2010 until February, 2012. They accept i left the property February, 2012 so nothing to do with the landlord.

 

It is the middle part of the tenancy that they want the council tax for not the end and i was receiving income support then so nil liability.

 

It all hinges on how i can prove i was living in the property and what they will accept as evidence.

Have you asked why they think you weren't resident ?

They have been told by my stalker.

Spoke to the person dealing with this.

Asked what is considered evidence?

He refused to give me an answer?????

I asked him who had made the decision that i not lived at the proeprty for the time period and he refused to answer that question as well!!!!!