How to challenge incorrect LO & a CO by LA over CTAX debt

[CTAX345]

The property has always been let to tenants using a letting agent.

 

Local authority are always informed of tenants who rent the property.

 

The tenants are always instructed to register for council tax and household utilities.

 

Between 2015 – 2016, the property was let to a tenant who was in receipt of both housing benefit and council benefit.

 

I’ve since found out that the local authority have managed to obtain liability orders and a charging order for non-payment of council tax for the same period, between 2015 - 2016. If the outstanding £1,600 council tax arrears are not paid then the local authority will force the sale of the property. This does not seem fair or correct.

 

The local authority refuse to speak to me directly. I have asked the local authority to show me that they followed the correct process.

 

I have also made an identity theft report to the police because the local authority have associated my name to properties which I have never lived at or have no knowledge of.

[AndyOrch]

How did they manage to get a charging order on your property in your name on the Land Registry when the debt was in the tenants name ?

 

Andy

 

PS Welcome to CAG CTAX:wink:

[CTAX345]

Hi Andy,

 

Thanks for the welcome.

 

This LA use illegal practices and methods to achieve their goals. This is the reason why I reported the association of my name to an address in the North of England to the Police. The liability and charging orders were obtained in a court in the North of England.

 

The council have so far refused to speak me.

[AndyOrch]

Perhaps time for a Freedom of Information request then...did the Land Registry inform you of the application?

[ericsbrother]

it would be important to see if they issued a CT demand in the tenants name either durig their tenancy or immediately afterwards. If thye did then they know their action is indefensible and you will be in line for compensation of your costs to undo their mess

[CTAX345]

Whose name was on the bills and notices?

In June 2017, a request was made to the LA to provide copies of all the council tax demands, council tax summons, liability orders and the charging order. I’m still waiting for the LA to “create” them.

 

What previous enforcement steps have been taken?

I’m aware the LA obtained the charging order from a court in the North of England. I contacted the said court to gather more information. The court would not provide more information because the address submitted by the LA doesn't correspond to my address. Should I request for a £255.00 set aside?

 

Could it be that there have been periods when the house has remained empty thus meaning that you became liable for those periods?

The property is located in a busy area of London which has a high demand for rental property. There has never been a period when the property has been empty.

[ss002d6252]

Between 2015 – 2016, the property was let to a tenant who was in receipt of both housing benefit and council benefit.

 

I’ve since found out that the local authority have managed to obtain liability orders and a charging order for non-payment of council tax for the same period, between 2015 - 2016. If the outstanding £1,600 council tax arrears are not paid then the local authority will force the sale of the property. This does not seem fair or correct.

 

It cannot be for the same period - if the occupier received council tax reduction/support then the charge for that period has to be in their name otherwise it could not be paid (it can only be paid to the person who has been named as liable)