Hi

Hoping someone can help give some advice regarding a council tax issue,

as I am struggling to know what to do,

the bailiffs letters are becoming progressively more aggressive the last one, mentioning prison.

I have several rental properties,

however I live overseas now so use the services of a letting agent.

In the 4 years I have lived abroad,

I have changed letting agent 3 times through one reason or another.

None of my properties have ever defaulted on council tax

one in particular I have been charged court fees for the liability order for the first time on any of the properties.

I do not wish to ever get out of paying council tax,

I do wish to pay only what’s owed.

However I don’t think I have been treated fairly in this instance and should be liable for court fees, and was wondering if you could help.

I am liable for council tax when the properties become untenanted.

This is quite a new arrangement

- its being going since 2016,

previously empty properties were exempt from council tax.

I think this is part of the problem. In that,rental properties are treated in the same way as normal residential properties.

The process to date has been that my letting agent informs the council each time the properties become untenanted and subsequently tenanted,

the council send the council tax bill to my letting agent

who then forwards it to me for my approval and payment.

Many times the bill is incorrect,

either the dates are wrong or the calculation is incorrect.

Sometimes the bill has not even been sent to me but to an incorrect address,

I have even had an incorrect court summons.

This is time consuming and a long winded process to rectify.

When it is at its simplest, I have to go back to my letting agent,

who in return goes back to the Council Tax Department,

who then reissue an amended bill for payment.

I believe the letting agent finds it extremely difficult to get resolved as the Department is so very difficult to contact.

The property in question became vacant on 15 April, 2016 and the council tax department sent a bill to my letting agent on 21 April, 2016.

I felt this was not correct I went back to the letting agent to contact the council as usual.

Again the letting agent struggled to get hold of anyone in the council tax department, or when they did, staff would now not engage with them as they had in previous times.

Finally the letting agent managed to talk to a member of staff on 17 June, 2016 who advised what was owed up to 30 June, 2016.

This was confirmed by email on 20 June 2016 and subsequently paid.

I then receive a post liability order notification on 26 July 2016 saying I owe more than the original bill.

On 27 July, 2016 my letting agent called the council tax office to advise on the recent payment and ask about the notice and was told by staff to disregard the letter and we received an apology.

Shortly after,

I then receive another council tax bill with amended payment terms

however the total bill was now for the same as the post liability order ,

this included what I now believe to be a court fee for the liability order.

What happened to disregard the letter?

The council failed to mention this charge,

and I, nor the letting understood this.

The letting agent tried to get to the bottom of it but told me the council tax staff will not budge from what is billed or listen to reason.

I was in the process of changing letting agents at this time,

It was a time of upheaval so for ease I paid the July and Augusts bills until the property became occupied on 2 September,2016,

that included some of the court fee even though I didn’t agree with amounts,

nor the court fee

– but as staff would not liaise with my letting agent

I really did not feel I had an option.

However having recently gotten legal advice,

I have been told if the bill was disputed,

I had every right to challenge it,

and that I could have asked the council to cease enforcement until the dispute was satisfied.

I thought now all was dealt with,

even if totally not to my satisfaction.

However, on 14 November, 2016 my letting agent sent me another post liability order notification, now showing a debt being not council tax but part the court fee still outstanding.

Again any late payment has been down to the fact that I disagree with bill and could not get clarity from the council tax department.

After my letting agent trying to sort this but without success,

I finally sent all of this explanation to the chief executive via email

his second in command on 6 March, 2017.

However he forwarded my email to the same council tax staff my letting agent had already spoken to.

I received a response from them on 8 March, 2017.

The response did explain some of the calculations but equally got some calculations wrong and still left me with further questions.

They informed me they had stopped action by the bailiffs for a month, until I cleared the debt.

I then responded, again via email to the chief executive and the same council tax staff on 19 March,2017, with further queries and asking for evidence of disbursements and copies of final demands.

I gave them evidence of what I believe to be an overcharge on one of my other properties, together with what I believe to be an overcharge on this property.

I have never received a response since the 19 March, 2017

but still, via my letting agent, regularly receive demands from the bailiff now threatening prison.

Hoping you can help and sorry to have been so long winded, but Im struggling to know what to do next.

Thanks

pay all of the demands,

work out exactly what was actually due,

find out where they have erred in law and tell them that you are suing them for the balance owed to you.

You will need a solicitor to actually do this as you are abroad

but you can do the figures and the LBA/.

Also make a complaint to the CEO of the council and then take it to the ombudsman is an alternative,

you can sue them afterwards if need be but the ombudsman cant look at cases that are the subject of legal proceedings and that includes the threat of them

To quote you

previously empty properties were exempt from council tax.

I think this is part of the problem. In that,rental properties are treated in the same way as normal residential properties

This has not been correct for many years.

From 1 April 2013 this exemption has been replaced by a local discount of 100% for one calendar month. On 1st April 2013 all existing exemptions will end, because these properties will already have been unoccupied and unfurnished for longer than one calendar month.

After one month of 100% discount, the full council tax charge for the property has to be paid. If the property remains unoccupied and unfurnished for two years or more, the council tax will increase to 150%.

The enforcement agent can warn you that non payment of council tax may lead to a custodial sentence.

But that's not the enforcement agents call