Council Tax Court Summons - Liability Dispute

[u15sf5]

Hello,

 

Just received a Court Summons letter for unpaid Council Tax, but I believe that I'm not liable.

 

My wife and I rented a flat from a private landlord from June 2013 to January 2015.

 

 

We have a copy of our Tenancy Agreement which states clearly that "the rent is inclusive of gas, electricity and Council Tax".

 

A Council Tax bill arrived in July 2014 but was ignored (in hindsight, probably should have dealt with it).

 

 

Another Council Tax bill arrived in December 2014.

 

 

This time I wrote an email to the Council stating "we're not liable - see attached Tenancy Agreement to see we're not liable".

 

 

The Council wrote an email back stating

 

 

"you are liable as your name appears on the bill".

 

 

wrote an email back stating

 

 

"we're not liable, did you even look at the Tenancy Agreement, under no circumstance will we pay unless a Judge insists we must".

 

Note that the Council only wants Council Tax for the period July 2014 to January 2015.

 

I have two concerns.

 

Firstly, it's clear something changed in the summer of 2014.

I worry that the Court may say something along the lines of:

"the Tenancy Agreement terms were changed by the landlord,

so that rent was exclusive of Council Tax, landlord didn't inform you

- you need to pay the Council Tax and sue the landlord separately".

 

 

Is this something that's legally possible?

 

And Secondly, I worry that if the Council finally realise I'm not liable,

that they will continue to seek payment for Costs of £86 which appear on the Court Summons letter.

 

 

They may say:

"you didn't inform us about the liability dispute until the Costs had already been added so you have to pay".

 

 

Whereas I would argue that my emails sent in December should have been enough to see that I wasn't liable. Do I have a case?

 

I have booked an appointment with the Council so will hopefully try to sort it out.

 

 

Affordability isn't an issue as we would be able to pay in full if required.

 

Any advice will be appreciated.

[dx100uk]

its a std rubberstamp liability order

 

 

the costs will go against who owes the tax.

 

 

if you paid your landlord for CTAX, then it his problem.

nothing they can do to you.

 

 

just send them proof that's all you need to do.

 

 

it doesn't get recorded anywhere and doesn't hurt you either.

 

 

dx

[u15sf5]

Thanks for your reply.

 

Problem is that I did send them proof but they effectively ignored it.

 

 

I'm thinking that instead of sending a 'nice' email, I should have sent them a strongly worded letter disputing the liability,

which may have encouraged the Council to act rather than blindly continuing down their chosen path.

 

I have a face-to-face appointment on Tuesday, where I will present for a second time the Tenancy Agreement.

 

 

Hopefully this time they will take it on board.

[dx100uk]

oh, yes good idea. CEO letter time?

 

 

don't suppose theres anyway you've got other proof too?

 

 

list of payments might not be a bad idea?

 

 

it will ultimately fall to the landlord.

 

 

I'm also wondering if a statutory declaration might not be in oder before bailiffs get involved?

 

 

councils CTAX dept not run by capita is it?

 

 

dx

[ploddertom]

Have you checked with your Landlord to see if the position has changed. Sounds to me as if he may have stopped paying and given them your details.

[u15sf5]

I have done my research regarding this issue, and I think I finally understand it.

 

The Council sees me, as the tenant, as liable for the Council Tax. The fact that I have a Tenancy Agreement showing that rent includes Council Tax is irrelevant. If the Landlord refuses to pay the Council Tax, I will have to pay the Council Tax and then separately sue the Landlord for breach of contract in the small claims court.

 

I find it shocking that this information is not displayed on Council websites. Most Council's don't make any mention of this, despite the fact that there will be many tenants with inclusive Council Tax arrangements. They will end up in the exact same situation as me due to lack of basic information.

 

I have only found two Councils that address the issue. One is Barnsley Council, and here is a question from their FAQ:

 

 

Why have you sent me a bill when I already pay rent inclusive of Council Tax to my landlord?

 

Council Tax legislation requires us to issue a bill to the occupier of a property regardless of any agreement which may exist between the occupier and the landlord.

 

You may wish to contact your landlord either to arrange that they pay direct to the council on your behalf, or to renegotiate your rent agreement to remove the Council Tax element. However, either way, if the account is not kept up to date, action will have to be taken against you, not your landlord, because you are the person who is liable.

 

 

 

It would seem that instead of pleading with the Council to see sense, I should have been reminding the Landlord of his responsibilities.

 

The Landlord has been informed of the situation, so I shall just have to sit back and see if he resolves it. If not, then I will have to make the payment myself and then sue him which I'm more than happy to do.

[ss002d6252]

The Council sees me, as the tenant, as liable for the Council Tax. The fact that I have a Tenancy Agreement showing that rent includes Council Tax is irrelevant. If the Landlord refuses to pay the Council Tax, I will have to pay the Council Tax and then separately sue the Landlord for breach of contract in the small claims court.

 

Quite correct. The council have to bill in line with legislation regardless of any agreement with the landlord (which almost always send badly with one side not paying).