Hi everyone,

Story so far: I have been sent Business rate Demand notices for the period of 01/05/2012 - 01/08/2012 for the garage me and business partner rented back then.

I have a few questions:

1. Is there a timeframe within which councils should present business rate bills within?

Reason i ask is that business partner have left the UK few years ago which leaves only me to pay for it. Plus, i read there are some court cases whereby bills like that should be presented within reasonable time?

2. Rental agreement had my name spelled differently, would that void this bill?

And yes, as you have guessed, i am looking for reasons to get rid of these demand notices, if possible.

Thank you for your time and help.

Hi peter and Welcome to CAG

If the business has since been dissolved that could be a get out...plenty of info here on process etc.

http://www.eppingforestdc.gov.uk/index.php/business/business-rates

Regards

Andy

Thank you for the info Andyorch.

Unfortunately, both, me and ex-business partner signed the lease under our names (trading as XXX).

So is the business still running...are you still renting the garage?

Oh no, business was closed and dissolved back in 2013. All business rates were paid up to a 2013 year, but not prior.

1. Is there a timeframe within which councils should present business rate bills within?

Reason i ask is that business partner have left the UK few years ago which leaves only me to pay for it. Plus, i read there are some court cases whereby bills like that should be presented within reasonable time?

It all depends on the reason - 'Encon' and 'North Somerset District Council v Honda Motor Europe' both found that it should be "as soon as practicable" as per legislation but that delays by the council led to the demand not being issued "as soon as practicable" and prevented the recovery of part of the monies. 'Regentford' and North Somerset District Council v Honda Motor Europe both found that late delivery of notices must also cause some hardship to the payer if they were not be recoverable.

Story so far: I have been sent Business rate Demand notices for the period of 01/05/2012 - 01/08/2012 for the garage me and business partner rented back then.

Was it a limited conpany or a partnership ? If it was a partnership then you're personally liable (unless it was a LLP) whereas a limited company offers a lot more protection.

Craig

Thank you for help and information ss002d6252.

The lease for the unit was signed under our personal names, not under Limited company name.

Not sure of my next steps - to go to court and fight it, quoting those 2 cases? Especially if i am left alone to pay it..

Thank you for help and information ss002d6252.

 

The lease for the unit was signed under our personal names, not under Limited company name.

 

Not sure of my next steps - to go to court and fight it, quoting those 2 cases? Especially if i am left alone to pay it..

You could try to argue the case but if the local authority has only retrospectively found out about the liability (rather than knowing but not acting on it) then the argument to them issuing it "as soon as practicable" would be on their side. Any idea why it's just been issued (or did they issue it a while ago but sent a new demand when they located an address for you ? )

Craig

Thanks Craig.

I have spoken to the council few days ago after i received this demand notice. They received information last summer (from our previous landlord) but only issued notice this year.

They have confirmed this in email to myself. They had my full address as i have paid one of the demand notices for 2013 back in 2015.

Also - last night i noticed that valuation for that property on the vill in incorrect as it was adjusted to a lower amount few years back. Would this invalidate the demand notices?

Also - last night i noticed that valuation for that property on the vill in incorrect as it was adjusted to a lower amount few years back. Would this invalidate the demand notices?

Covered in the link in my post#2

Thank you Andyorch.

I have looked into your 2nd post but could not find the information if incorrect valuation value/rateble value can make demand notice incorrect/irrelevant.

It wont it just describes the process and how to appeal...it explains how they can go up as well as down.....if you think its an error ring them and query it.

Thank you. However my question was if incorrect valuation can be used to appeal against demand notice.

As per my last post..ring them and query it ..if its an error then ask for a revised demand

Thank you.

I might not being clear in my query - what i am looking is a reason to cancel/invalidate this demand not simply to make it slightly smaller.

Thank you.

I might not being clear in my query - what i am looking is a reason to cancel/invalidate this demand not simply to make it slightly smaller.

On what grounds ?...I think we have exhausted all the reasons how you possibly could.....If you didn't pay it and your business was operative in the premises in that period.... it was legally owing ?