Council Tax Liability and Bankruptcy

[milli0973]

typoIn 2011 I went into bankruptcy, I “gave up” some buy to let properties as they went into the BR pot.

 

After approx 12 months I was discharged.

 

One such property, in negative equity, the lender appointed an LPA Receiver and any council tax arrears as a result of the property being empty and unrented were paid by the lender, please see below a breakdown of payments, after my discharge from bankruptcy:

 

31.10.14 - £564.66

 

 

09.07.15 - £341.41

 

 

09.02.16 - £486.00

 

 

 

The property is not deemed to be Mortagee in Possession whereby the lender is liable for the council tax, however the lender is indeed acting as mortgagee in possession. Furthermore I have had no dealings or say in the rental or potential sale.

 

Do I have a case to prepare to take to court?

Edited November 3, 2016 by milli0973
typo

[ss002d6252]

Any charge pre-bankruptcy is fine as it was covered by the bankruptcy.

 

On a re-possessed property you remain liable as the legal owner for the Council Tax charge until the property is sold on or re-occupied.

 

You should claim a Class L exemption from the date of the re-possession and that would need to be claimed for any period in which the property was unoccupied between the date of re-possession and any sale.

 

http://www.lgfa92.co.uk/council-tax-repossession-class-l-exemptions