Jump to content
  • Tweets

  • Posts

    • So here's a thought:   The average age of someone dying of Covid-19 is 82.4.   The average life expectancy is less, at 81.4.   The rest of the population is making huge sacrifices to save people who, on average, would have been dead anyway.   I wonder what the total of life-years saved by all the restrictions we've had on us since the pandemic started is? Probably not many.
    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Freight industry body warns the lack of an agreement on tariffs could make things more expensive. View the full article
    • Good Evening,    Please may I ask for some information re default markers on Credit Report ?    I had a CC with a Bank default around Jan 2014. Nothing was registered on my Credit Report The debt was later sold on a few times. Eventually to PRA in 2017 where it is unenforceable.   On my Clearscore report that I have recently downloaded it says “ In default PRA GRoup 5th April 2017”. when I click onto this it shows no markings on any month from 2014. so my question is can PRA register the default from 2017. I’m unsure if it drops off from The bank in 2014 or after PRA registered in 2017.    thanks for any advice you can give   
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Council Tax - Tenant or Landlord Responsible?


Please note that this topic has not had any new posts for the last 3585 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello All,

A good friend of mine let out a house to a lady ... she then "did a runner" and he is being chased for the council tax by the local council for the time she was living there.

She did not pay the council tax at all and her name was down as liable person to pay etc etc with the council.

My friend now sold house BUT he has a summons received last Wed to appear in court tomorrow (Tuesday) re non payment of council tax during the dates the lady was living in the house!!

Anybody help me to advise my friend on this one please?

 

Thank you

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

I could, and mostly probably am, wrong here but I think it is the homeowners responsibility unless otherwise stated in a tenancy agreement. Usually, in the agreement, it will state that the tennant must pay the council tax for their period of stay.

Link to post
Share on other sites

It is the tenants responsibility so long as it states it in the rental agreement.

 

If your friend goes to court and show the tenancy agreement, more than likely he will not even go in to the court room. The council or court may ask for proof of rent payment.

 

I say this on good authority as I have been in the same boat before with tenants not paying and council tax pursuing me for their bills.

Link to post
Share on other sites

It is usually the tenants responsiblity to pay their council tax as I know to my mis fortune. If it does not say in the tenancy agreement that the tenant has to pay the landlord may become responsible.

 

I cannot afford to pay my council tax but I rent my flat fully furnished so no bailif can touch a thing. Despite this I am repeatedly threatend and harressed by ROSSENDALES who alledge they are profesionals. Professionals my foot. They are nothing more than glorified loan sharks. I have absolutely refused to their charges

Link to post
Share on other sites

Thank you reallylight, thefenz and nedjma.

 

I have passed the info to my mate and he will be taking to court the tenancy agreement (which states the lady was responsible for council tax) and proof she was paying the rent hence living there during the dates involved.

He is somewhat confused by the council action as he has already told them she (the lady tenant) was responsible for paying.

 

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites
  • 5 months later...

I was 'informed' by a hulk of a woman from my local council that if my tenants don't pay C Tax, the council will hold me responsible! I am sure this is wrong as the woman in question was a complete moron and made mistake after mistake, despite holding a senior position and being very full of her own self importance. Nice to know our taxes are spent on the high wages of such deserving individuals:rolleyes:

Basically the council will try it on and grab their money from whoever they think they can bully into paying it. Landlords beware; check your tenancy agreements.

Link to post
Share on other sites

Hello All,

 

The final outcome was ....

 

My mate won as it stated in the tenancy agreement the lady was responsible for council tax.

 

Thank you all for your help.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Underdog13 knowing what the council employees are like here in Gateshead I am not at all suprised that an incompetent like this has been promoted. Most of Gateshead councils staff are as bright as a blackout. In my opinion though the council still has far to much power to harress people who simply cannot afford to pay council tax. I am one of those. I still have arrears and I still can't afford to pay them off. :-(

Link to post
Share on other sites

My heartfelt sympathies Nedjma. I think you have to be a special kind of moron to be employed by the council in the first place. Totally agree with you about them having too much power. The irony is, if you don't pay your council tax you can go to prison, but prisoners don't have to pay their council tax while they're locked up - it would be funny if it weren't so tragic.:mad:

Link to post
Share on other sites

Yes you also don't have to pay your council tax after you are released from prision. The logic of our goverment. Instead of realising people were refusing to pay council tax because they can't afford it they think they can force people who are low paid and in part time employment like me to have enough income to cover all my bills which I simply don't. I can't afford to pay half my bills this month because I bought food for a change. I still don't have enough food either and that cost me over £85 excluding cat which I forgot. Most of my money goes on my rent. I am having trouble with my landlord. He is refusing to accept my rent and trying to evict me now. I am sure this must be illegal?? Surely a landlord cannot refuse to take rent from his tenant then try to evict them on grounds of arrears he has caused himself?????????????????

Link to post
Share on other sites

Hmmm sounds to me like your landlord is just looking for an excuse to evict you so he can sell up before prices drop even further or so that he can relet to another tenant with an increased rent. I'd take some advise if I were you Nedjma, tanants have a lot of rights and protection nowadays. I'm sorry you're having all these problems; must be a nightmare.

Link to post
Share on other sites

Yes I am. I'm in a catch 22 situation. Pay my rent and be unable to pay my council tax or pay my council tax and not be able to afford to meet my whole monthly rent. The goverment in this country arrogantly refuses to admit to or see the plight of people like me and there are many more exactly like me all over the country. In my tenancy agreement it states that me and my landlord have an agreement that I pay him monthly to live in his property which is my home due to paying rent. Due to this agreement I am almost certain it is illegal for him to try to evict me becase he refuses to accept my rent payments. I am sure this is the reason the court refused to evict me the last time he tried to evict me. The court said it was his own fault. He is also trying to evict me for a second time without giving me notice and I know he can't do this. He must provide a tenant with notice and give you time to respond when going through an eviction process. He is refusing to carry out repairs on my property so I think he is hoping to get a new tenant who won't complain about this issue. :-(

Link to post
Share on other sites
  • 5 months later...
Underdog13 knowing what the council employees are like here in Gateshead I am not at all suprised that an incompetent like this has been promoted. Most of Gateshead councils staff are as bright as a blackout. In my opinion though the council still has far to much power to harress people who simply cannot afford to pay council tax. I am one of those. I still have arrears and I still can't afford to pay them off. :-(

 

Gateshead council is the worst council anywhere, unhelpful and moronic. A tenant ran off with out paying the council tax, over 18 months. almost £861.00. I left them with tenancy agreements, indicating the property was let.

 

Now they have sent me a summons to court. They want me to provide them with details of where the tenant is now...how would i know where a tenant is now, when hes ran off without paying me!!!

 

GOD....I HATE Gateshead COUNCIL!

Link to post
Share on other sites

God that's awful, deepak. Have you soken to a solicitor about this?

 

I was told by my local council that if the tenant doesn't pay council tax, they will make the landlord pay, but this seems ludicrous to me. Where in law can they make you responsible for someone else's debt?!

 

I think these jerks will try it on, as will utility companies, but we have to stand up to them and tell them in no uncertain terms to get lost.

 

If I were you, I'd write to the council and tell them to inform you of the tenants whereabouts as you want the rent that is owed to you! What a bunch of brain dead morons - my sympathies to you, Deepak.

Link to post
Share on other sites
  • 3 weeks later...

Things can work the other way around. A previous landlord of mine, presumably thinking I was still living in the US as I had been planning to, faked a new tenancy agreement to cover a period when otherwise they would have been liable for the council tax. Unfortunately, I am back living in the UK, and was extremely surprised to find myself chased for this council tax. I have now submitted proof of different residence to the council, and hope they will pursue the landlord for every penny.

This landlord never refunded my deposit at the time, so this motivates me to look at legal options also.

Link to post
Share on other sites
God that's awful, deepak. Have you soken to a solicitor about this?

 

I was told by my local council that if the tenant doesn't pay council tax, they will make the landlord pay, but this seems ludicrous to me. Where in law can they make you responsible for someone else's debt?!

 

 

The local authority had no right to tell you that - they have no powers to interpret the legislation differently to the way its written.

 

I know of an authority where several staff had said similar things (individuals, not council policy) and were given a blunt response from the legal services dept to remind them it was Ultra Vires and should cease.

  • Haha 1
Link to post
Share on other sites

I was in court today for Council Tax (see my thread for full report) and this issue came up in somebody else's case.

 

The guy from the Council stated in court that the tenant is usually responsible for the Council Tax. He didn't mention about terms of the tenancy agreement, but did ask to see a copy without giving a reason, so perhaps what the other posters have said is true about whether it has that term in it or not about the tenant being liable.

 

He also stated that the landlord is responsible in the case of "HMO" properties ("Houses of multiple occupancy") - which is where the property is divided up with locks on each bedroom door and separate rental agreements.

 

As a general point, if you think you are going to win, you might as well go into court and show your evidence to the Magistrate, as you will then be given the opportunity to claim costs against the Council.

 

If you lose then the worst that happens is that you get a liability order against you, which just means you have to make an arrangement to pay the Council Tax.

 

In my opinion the Council are just firing these summons off to all and sundry because of the excessive profit that they make on them (today at my hearing it was over 2,000 summons and over £130,000 made for the Council just in "costs").

 

They shouldn't be allowed to bully thousands of people and then negotiate with the ones that they cocked up on 5 minutes before the hearing. Everyone should stand up and be counted until the system breaks down - Councils are out of control.

Link to post
Share on other sites

'The guy from the Council stated in court that the tenant is usually responsible for the Council Tax. He didn't mention about terms of the tenancy agreement, but did ask to see a copy without giving a reason, so perhaps what the other posters have said is true about whether it has that term in it or not about the tenant being liable.'

 

 

The LGFA 1992 cannot be overridden by wording of a contract to make a person liable (unless it comes under one of the 6 prescriptive states in the Council Tax (Liability of Owners ) regs 1992 when the owner is always liable).

 

It would possibly be good to see someone take a case like that to the High Court to see in who's favour they would rule - I would be almost certain they wouldn't find against the legislation.

 

(I've just done a professional qualification in council tax law and haven't come across any cases where this has already been challenged)

Link to post
Share on other sites
Link to post
Share on other sites

Unfortunately not, it was made up of a series of lectures and lecture notes. The course itself was run the IRRV.

 

I know what you mean though there aren't really any books out that there that go through the legislation in an easy to learn format.

Link to post
Share on other sites
I was in court today for Council Tax (see my thread for full report) and this issue came up in somebody else's case.

 

The guy from the Council stated in court that the tenant is usually responsible for the Council Tax. He didn't mention about terms of the tenancy agreement, but did ask to see a copy without giving a reason, so perhaps what the other posters have said is true about whether it has that term in it or not about the tenant being liable.

 

He also stated that the landlord is responsible in the case of "HMO" properties ("Houses of multiple occupancy") - which is where the property is divided up with locks on each bedroom door and separate rental agreements.

 

As a general point, if you think you are going to win, you might as well go into court and show your evidence to the Magistrate, as you will then be given the opportunity to claim costs against the Council.

 

If you lose then the worst that happens is that you get a liability order against you, which just means you have to make an arrangement to pay the Council Tax.

 

In my opinion the Council are just firing these summons off to all and sundry because of the excessive profit that they make on them (today at my hearing it was over 2,000 summons and over £130,000 made for the Council just in "costs").

 

They shouldn't be allowed to bully thousands of people and then negotiate with the ones that they cocked up on 5 minutes before the hearing. Everyone should stand up and be counted until the system breaks down - Councils are out of control.

 

Wholeheartedly agree.

Link to post
Share on other sites
  • 1 year later...

Hello there! I am a tenant who seems to have a problems with his landlord. Basicly whats the case:

- I did rent 2 double bedrooms in a flat with my family (4 people) for 800 pounds a month with bills included as stated in tenancy agreement.

- Apart from that there were 2 single bedrooms which were rented by other people so we were living (8 people) for a year like that.

- Later on after an year my mother got sick and she went to her motherland for almost a year.

 

After two years guess what happens my father recieve a council tax bill which wasn't payed for year and a half and he have to get it payed, The landlord says so even tho we had other agreement. And in tenancy agreement isn't stated that we have to pay the council tax.

 

Despite all that mess I want to mention that in the flat we were living ( my family 4 people) weren't the only ones that were living in that flat.

And currently we are 11 people and he still insist us to get it payed.

 

I hope you did get my story, still learning english.

What would you advise me to do?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...