Council tax & liability order

[pugilist]

Good morning everyone,

 

on Saturday my friend received this letter:

 

 

This letter was sent to him by the Council of the area where he lived more than 5 years ago. He is sure that he doesn't have to pay that tax and he's got his reasons.

On Monday he's going to phone the Council and tell them that he disagrees with what's happening

 

Can anyone please advice which steps should he tell to challenge the decision of the court/Council?

 

 

Thank you

[AndyOrch]

Hi Pug

 

Your friend needs to get this resolved and to state his reasons why he is not liable.Your upload is a Liability Notice which must be obtained within the required 6 years period to negate the question of the debt ever becoming Statute barred.They now have this and could chase forever.

 

Regards

 

Andy

[pugilist]

Hi Pug

 

Your friend needs to get this resolved and to state his reasons why he is not liable.Your upload is a Liability Notice which must be obtained within the required 6 years period to negate the question of the debt ever becoming Statute barred.They now have this and could chase forever.

 

Regards

 

Andy

 

Thanks Andy,

 

As far as I got he needs to phone them on Monday and state his reasons why he is not liable, am I right.

 

By the way, he's going to go abroad for several weeks on holidays(on the 20th of July) , can he be sure that when he returns from holidays all his belongings, furniture and the rest of his stuff will remain safe on its place and no bailiffs did brake into his house while he is not in and took his things away to recover the debt?

[ss002d6252]

As far as I got he needs to phone them on Monday and state his reasons why he is not liable, am I right.

 

Why does he think he's not liable.

[pugilist]

Why does he think he's not liable.

 

Because he never agreed with the LL that he would pay Council Tax. The Land Lord provided the Council with a piece of paper signed by my friend.

My friend says that he did sign the paper, but the amount £600 per month was written in by the LL after my friend had signed the paper. The LL asked him to sign it quickly as he was in a hurry at that moment. He says they actually agreed he would rent a room for £300, and there were some other people living in another room. The LL didn't give him a copy of this paper, and my friend was really surprised to know that the Council has the paper with such a rent amount.

[ploddertom]

Was your friend or any of the others getting Housing Benefit?

[pugilist]

Was your friend or any of the others getting Housing Benefit?

 

No, he wasn't. But now (he lives at different address for several years) he's been getting housing benefits (for about couple of years)

[ss002d6252]

Because he never agreed with the LL that he would pay Council Tax. The Land Lord provided the Council with a piece of paper signed by my friend.

 

Its not up to the landlord and tenant to decide who is paying the council tax - council tax liability is set in law (section 6 of the local government finance act 1992) . Any agreement is purely personal and a matter only between the landlord and tenant.

 

 

He says they actually agreed he would rent a room for £300, and there were some other people living in another room.

 

The property being a HMO is a different matter to agreeing with the LL as to who will pay the council tax.

[pugilist]

Its not up to the landlord and tenant to decide who is paying the council tax - council tax liability is set in law (section 6 of the local government finance act 1992) . Any agreement is purely personal and a matter only between the landlord and tenant.

 

Do you know how my friend can appeal against the Magistrate Court's decision ?

 

 

The property being a HMO is a different matter to agreeing with the LL as to who will pay the council tax.

 

You know, I am the person who lived after my friend in that property for several years. I was one of the persons who lived there. Gas and electricity bills were paid in my name. But it was actually a HMO, and some persons who lived there can confirm that we lived in different rooms with locks on the doors, we were unrelated to each other and shared common kitchen, bathroom and toilet.

I had no written agreement with the LL as well as the rest of the guys who lived there. Everyone paid their part of the rent into his account.

I am pretty sure that the LL will try to make the Council chase me in order to make me pay the CT for several years period, around 5 years time. I moved out of his property in 2012 march. What do you think his chances are to make me liable?

It was a HMO(though he will tell them that I was a sole tenant of the whole flat) and by the way most of the time I was a full time student(up to august 2011).

[ss002d6252]

Do you know how my friend can appeal against the Magistrate Court's decision ?

 

He needs to appeal to a valuation tribunal, liability disputes are outside of the magistrates remit when it comes to issues like this,

 

I am pretty sure that the LL will try to make the Council chase me in order to make me pay the CT for several years period, around 5 years time. I moved out of his property in 2012 march. What do you think his chances are to make me liable?

 

Providing you can gather evidence if you need to then you should be Ok - it may be worth contacting the council anyway (and possibly advise them about it having been an HMO at other times...)

[pugilist]

He needs to appeal to a valuation tribunal, liability disputes are outside of the magistrates remit when it comes to issues like this,

 

Thanx. Can he do this in written form himself, I mean without any lawyers? What should he do first?

 

 

Providing you can gather evidence if you need to then you should be Ok - it may be worth contacting the council anyway (and possibly advise them about it having been an HMO at other times...)

I don't want to contact the Council myself as I don't know if the LL has already started smth against me or not. I don't want to attract their attention to my person.

As to the evidence, I've got detailed video of the flat showing the locks on both of the doors. Written statement from one of the tenants stating that we are unrelated, have separate oral agreements with the LL and share common kitchen and toilet/bathroom. Some of the tenants whom I'm able to track will confirm the same things when necessary.

And I have my visas(I was an overseas student) clearly proving my fulltime student status for several years' period.