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I owe 11k in council tax and council are threatening to put a charge on property


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Dear All, Im hoping that someone out there can take a look at my post and just offer some advice. Sometimes a fresh oair of eyes makes all the difference.

 

I have 3 houses that are all mortgaged and let out. I'm currently living with my parents in their home as they need my support in the house.

 

Since 2009 the council taxs have not really been paid on a regular basis, initially this was because the mortgages were really high owing to high interest rate and we were just about paying the mortgage let alone any bills. The houses were let out on an all inclusive basis. Sine the credit crunch and lower interest rates, the mortgages have come down slightly and we have had more money to spare but have spent on various things to maintain the houses.

 

Over the years the council has always used bailiffs to recover money and we have paid bailiff what ever we can and set up payment plans etc but the problem has been that we have never been able to maintain agreements as they are always too high and just agreed so that the bailiff would just leave!

 

The situation has changed since april this year as now the tenants are paying their own council tax and my liability has ended and at least in can draw a line, the debt will not increase. The problem i have now is that the council will not come to an arrangement and have said that one of my properties has been proposed to their in-house solicitor for a chargingborder to be placed on it and they will force a sale.

 

I really am not a bad person and am not saying that I wont pay, I just simply cannot pay 11k in one go. I'm working part time, have a young child and another on the way and i just cannot afford it at all.

 

I'm just not sure how to enter into negotiations with the council. I think I have got there backs-up over the years with my stories and promises to pay etc and I think they probably think I'm just trying to get out of it and prolong things further. I just can't live like this anymore. Constantly on edge.....the knock at the door......the phone calls......the looking over my shoulder. I think I'm actually going mad and it just feels like everything is tightening around me. If it wasn't for my kids....I don't think I'd be here.

 

Should I get a professional consultant involved? Lots of places give self help packs but I just don't think the council will listen to me. Maybe if they see someone else they will be satisfied that things will be managed properly?

 

I need to move fast on this so any advice would be appreciated.

 

Kind regards

Sza

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Do you have the council tax ref no's ? Can you start making payments to them online? If possible even a lump sum down now

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Hi yes I have all the account numbers and I could make payments now. Should I do that even though no arrangement in place. I guess it would show my willingness to pay.

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If they already have liability orders for these debts, you will not be able to stop them getting charging orders. However, it is rare for a charging order to be followed up with an order for sale especially as the 11K is split across several properties, so each individual charging order will be for a relatively small sum. And what would be the point of one arm of the council evicting your tenants only for another arm to have to rehouse them?

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Surely, the Council should be pursuing the Tenants of the property's who were in residence at the time the bills were run up - its the tenants responsibility and debt, not the Landlords!

[sIGPIC][/sIGPIC]

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Not when a property is let on an all inclusive basis, the tenant would have paid x amount per week which would have included council tax, it would then be up to the LL to pay the council, some LL's have this arrangement for various reasons but usually it is where it is a HMO or bedsits and flats I think.

I would say that the council probably is fed up with the ongoing situation but I would be very careful to keep in touch with them as they can slap an attachment of earnings order on to anyone who is working and then repayments are out of your hands.

If I have been of any help, please click on my star and let me know, thank you.

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Not when a property is let on an all inclusive basis, the tenant would have paid x amount per week which would have included council tax, it would then be up to the LL to pay the council, some LL's have this arrangement for various reasons but usually it is where it is a HMO or bedsits and flats I think.

I would say that the council probably is fed up with the ongoing situation but I would be very careful to keep in touch with them as they can slap an attachment of earnings order on to anyone who is working and then repayments are out of your hands.

 

I lived in a Tenancy exactly like that.

 

The Landlord it turned out did not pay the tax - we showed the Council our tenancy agreement showing he took responsibility for the tax, but they said that didnt matter, any such contract is a private issue between us and the Landlord - if tax is owed, its the tenants responsibility, no matter what contract they have with the landlord - unless we were very badly misadvised.

[sIGPIC][/sIGPIC]

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The council tax only becomes the landlords responsibilty once the premises become unoccupied as I understand it. However, its also the landlords duty to inform the council of the tenants details when they move in - move out.

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