I've worked in council tax for many years and most importantly, you need to supply proof that the property was occupied by a tenant - ie tenancy agreement(s) covering the entire period in question, electoral roll data (although the council hold this data, it will be a different department that they don't have ready access to and so it's not checked by officers in disputes like this - but you could enquire).
Also, proof that you have been paying full tax elsewhere (ie residing elsewhere whilst this was rented out - your own local authority should be able to provide a letter confirming this is if you haven't kept all the old bills).
If you don't have all of these documents esp old tenancy agreements, try and reason with them, as it's 8 years ago! proof that you've been paying full tax elsewhere will definitely help. Ask the council tax dept you are having the dispute with to enquire about electoral roll entries for the tenant.
They CANNOT just pass the bill onto you because the tenant does a runner! As owner you are liable for periods that the property is not occupied (with a reduction if it's empty) and in the cases described below by another answerer.
If you can show that he lived there, the bill is his, and they should trace him. This may involve sending bailiffs to the property looking for the tenant (as this will be his last known address) but try and tolerate this, whoever lives there now just needs to show them their council tax bill, they will eventually return the debt to the council.
After 6 years (from the date magistrates grant a liability order) that debt should be WRITTEN OFF. I have been told by managers in the past not exactly to lie, but to 'withhold' this information! But myself and many of my colleagues never do this, and are fair and straight with the taxpayers.
If you have no joy, find out about complaints procedure and once you've done the necessary letters to the council, they will advise you of your right to take the complaint to tribunal. You will have a good chance here, but not many people take things this far, which is a shame. Fight em all the way! And by all means get the old MP involved, they have unbelievable sway.
2007-01-17 22:00:38
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answer #1
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answered by raar 1
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I don't understand!!!!
How can you possibly be liable to pay council tax at a property that you were not living at?
There is no way that the council could ask you for this money, you were not living there!
Presumably you payed council tax over these years at your home address? So how can you owe money at a property you rented out?
What are the council thinking of?
Get a good lawyer.
2007-01-15 14:01:46
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answer #2
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answered by My name's MUD 5
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Just to argue with the others.
YOU ARE NOT LIABLE TO PAY THIS.
yoiu are only liable as the owner in the following circumstances
* the property is in multiple occupation, for example, a house lived in by a number of people who all pay rent, but no-one is responsible for paying the whole of the rent; or
* the people who live in the property are all under the age of 18; or
* the people who live in the property are all asylum seekers who are not entitled to claim benefits including council tax benefit; or
* the people who are staying in the property have their main homes somewhere else; or
* the property is a care home.
2007-01-15 13:44:26
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answer #3
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answered by Anonymous
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All I know is that, as so many people dodge council tax, when the council do find someone half-willing to pay, like you, they try and bleed them dry - even when you're not personally liable. It's easier that way: they don't need to chase after the chap who's disappeared.
Find out what your legal status is. Are you in fact liable? You can probably fill in a few forms, let the council/police know the details of the dude that disappeared, and let it rest there.
If you are liable, ask to pay in installments?
2007-01-15 13:36:24
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answer #4
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answered by Rational_economist 1
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Firstly, you are liable to council tax on this property as it is your responsibility to ensure payment is made, either by your tenant or by you. So the council is right to go after you. However, eight years of arrears sounds quite unreasonable to me - when did this come to light? I think there is a cut-off point that the council can't chase you for, eight years sounds very steep for unpaid bills.
You say there are errors and they will not act to rectify their mistakes. You have a clear case to contact your MP and ask him/her to intervene on your behalf - MP's LOVE rattling the cages of their local councils, believe me. I think a visit to your Citizen's Advice Bureau would be in order but if your council is not acting in accordance with proper procedures you certainly have a case for delaying payment, or reducing it.
Good luck
2007-01-15 13:39:27
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answer #5
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answered by gorgeousfluffpot 5
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council tax is one of the only debts without an expiry date so if the property belongs to you and they cant trace the person who rented it then its down to you. offer them an amount per month then negotiate if it remains to expensive go yo court let them decide and it will come out in your favour
2007-01-15 13:35:58
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answer #6
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answered by Snot Me 6
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Sell the property and pay your bill.Im sure your property has increased in value in those 8 years.
2007-01-15 13:45:08
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answer #7
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answered by john h 1
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