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Short version: my brother owes a load of council tax for a rented flat that he vacated years ago. What can he do?
Long version: my brother rented a flat (in Hull Town centre) for a couple of years. He left it almost two years ago to share a house with a friend, then moved in with our parents maybe a year and a half ago.
A few days ago he had a phone call from a bailiff, demanding council tax arrears on said flat to (I think) last March. Not sure of the ins and outs, but he paid them £1,500 over the phone. I suspect this money is probably now gone forever.
He then called Hull City Council to let them know he's not been living there for almost two years, and they informed him that he is still currently liable for council tax on the flat (which is obviously building up). This debt will shortly be passed on to the bailiffs also.
He's sent them text message conversations with his ex landlord agreeing his vacating the property, and a copy of his contract (initially a year then rolling monthly) but this is apparently not enough to prove that he hasn't been living there.
Said landlord is ignoring all communication.
What can he do? He's been completely honest with the council and it's currently looking like he could be liable for council tax on a flat he only lived in for a couple of years...
He’s sent them text message conversations with his ex landlord agreeing his vacating the property, and a copy of his contract (initially a year then rolling monthly) but this is apparently not enough to prove that he hasn’t been living there.
Have they advised what would be enough?
Nope. From what he's said they're not being terribly helpful. I guess confirmation from the landlord might do it - but they're being very elusive.
The debt can’t be passed straight to bailiffs. It needs to go to court first and then a CCJ and then bailiffs. Has a court summons been sent out yet for the new debt, even perhaps to the old address? Has he missed the court hearing?
If he has he needs to contact the courts and explain the situation, try and get the original decision set aside and a new hearing made.
If a court summons has not yet been made, either he needs to get his LL to play ball or let it go to court and argue his case there.
Has he got any evidence of being on the electoral role at another address?
We had a similar situation and proof of paying council tax at another address was enough but sounds like he wouldn't have that if he moved to share with friends
So he hasn't paid any rent to the landlord for 2 years?
That must be deemed to be termination of the rental contract by default?
Did he pay council tax when he shared with the friend? Where is he on the electoral roll, and when did he update this?
Are they bailiffs, or just an agency pursuing the debt prior to court action? He needs to get some detail on the sequence of events, if there is a CCJ, so he can apply to have it set aside.
He would seem to have ample evidence that he was not resident at the property, but it sounds like an hour with a solicitor might be a good investment somewhere down the line.
I will put some of these questions to him when I see him tonight, we only had a brief chat yesterday so I'm not really fully clued up.
Cheers for the help.
CCJ? Nope. Absolutely NO CCJ involved in Council Tax. It's Magistrates court, not County Court. A Liability Order would have been obtained at Magistrates Court along with a couple of hundred other accounts.
Your brother is being held Joint and Severely Liable for the period he is being charged. The council tax dept. were not informed that his liability for the property had ended.
He needs to collate as much evidence as possible to prove to the council that his tenancy had ended.
He needs to phone the council. Ask for the account to be held for a couple of weeks (this will hold the bailiffs off) so he can prove his liability. He [b]will[/b] get his money back if he can prove he wasn't liable for the period he is being charged.
Sadly, for me, this is my job.
PS. No point contacting the Court. They can and will do nothing. The council proved liability to the Magistrates Court, the Liability Order allowing the council further means of recovery was issued.
What they said above.
Some advice here https://bailiffhelpforum.co.uk/viewforum.php?f=3
I'd also only deal with the council via email and advise you are doing this to have a written record of what is happening and you will not be using the phone as it is not much benefit when you go to court with them. I've had similar situation. Ask them what evidence they do need as you would require this as evidence at court. Hopefully never reach this stage but let them know you're happy to go that route. Worked for me.