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CTAX LO summons to landlord on a property vacant between tenants - **RESOLVED**


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I had a tenant move out of a BTL in April in order to renovate the property.

 

 

In June I got a council tax bill for a full year.

 

 

Since the property will be re-let after the renovation (finished in a couple of weeks).

 

 

I decided to hold off paying until I got a new tenant and knew the exact dates the property was empty so I could apply for a revised bill.

 

 

Now I have got a summons asking for the full amount plus costs.

 

 

Can they do this so quickly?

 

 

Seems a bit overzealous to me?

 

 

I will probably have a new tenant in there by the time the hearing comes up.

 

 

What happens then.

 

 

The amount due will not longer be valid.

 

 

Or is this just scare tactics by the council?

 

Council is Brighton by the way.

 

 

Also I am an expat - non UK resident.

 

 

They have sent the summons to my overseas address.

 

 

Does that make it invalid?

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its a liability order not a summons to appear me thinks?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well it says summons in large letters on the top. But it does say I do not need to attend unless I dispute liability. I don't dispute liability for the property just the fact that it's a full year they are asking for.

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they are entitled to it as it defaults to you sadly

as their payment plan have not been adhered too

have you let them prior to this what was going on.?

 

 

it to me seems like you didn't and need too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No I didn't contact them yet. The summons arrived about a week after the bill (post is slow here). I have sent them an email. The tenant should be in before the hearing so surely the amount being demanded will be incorrect by then?

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well no as already explained

it defaults to you

so at the time and to date they don't know neither do you

that it was to be re-let.

 

 

if you can prove dates of passed tenant then till they left its not you they should be after for that sum

but passed that, its your pigeon

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right but if by the time the hearing comes there is a new tenant in there then am I still liable for a full year? The property was only empty for 4 months. That cannot be correct surely?

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You need to inform the council when the last tenant left

And at the same time tell them of the future plans

Then they will tell you what to do

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The simple explanation (without going in to legislation) is that once the previous tenant vacated you became liable for the remainder of the year to 31 March. The demand notice would be issued on this basis as would any summons etc which was issued for non-payment.

 

If the circumstances change then the charge will be re-calculated and the lower amount would be come due. If this is after a summons has been issued then the summons will remain in place for the lower amount (as would the liability order if that is granted).

 

The requirement for the council to issue the summons to the last known address - there's no requirement for it to be in the UK.

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I emailed the council to explain the situation.

 

 

They have withdrawn the summons and I have paid up to end of September.

 

 

If a new tenant moves in before then I have to apply for a refund.

 

 

So we'll see how it goes but, for now, it seems to be resolved.

 

 

thanks for the advice all.

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great got that right then tell them and twill be resolved

and it

was

 

 

glad to help

and glad you are sorted

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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