Council tax liability?

Council tax liability?

10:19 AM, 6th January 2023, About A year ago 39

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Hello, My tenant had a two years AST but she left after 18 months. The council made her liable for council tax and she appealed. I was not involved in the tribunal hearing.

She won the appeal saying the landlord agreed to end the tenancy, which I did not. The council then put the council tax liability onto me.

The council agrees that they have no evidence that the property was tenanted or re-occupied. They have refused my appeal and told me that I can appeal direct to the tribunal against their earlier decision.

The local authority has refused to release the full evidence my tenant provided to the appeal’s panel due to data protection.

Also, the local authority tells me that the tribunal has stopped the LA from providing me with all the evidence.

As I was not involved in the earlier tribunal hearing to verify her false evidence, I feel it’s up to the billing authority to appeal the decision.

The Amended Council tax reg. 2013 says: “Where a tenant fails to give correct notice, the tenant continues to be liable until the property is re-let or the landlord accepts a surrender.”

Advice please!

Ravinder

 


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Comments

Ravi gupta

13:37 PM, 8th January 2023, About A year ago

Thank you very much to everybody, it has been very helpful.
Can the local authority deny my right to appeal, LA says because there was an appeal by the tenant(which was only one sided) and they are not willing to have another appeal. Reply to Judith Wordsworth:Yes they contacted me to say they want to end the tenancy, they were refused and they were made aware of the council tax liability. No I did not give a deed of surrender. I did no put utilities in my name, Council will not release her evidence Informed LA within a week she has left

Jessie Jones

14:02 PM, 8th January 2023, About A year ago

Reply to the comment left by Ravi gupta at 08/01/2023 - 13:37
Rav, from the information you have provided, it would appear that the council have not taken you to a tribunal. The tribunal you mention appears to involve the previous tenant and the Council, but this has no bearing on you. That tribunal did not find that you are liable, only that the previous tenant was NOT liable. Also, because you were not involved, you will not be entitled to any of the paperwork from that case and you cannot appeal against the decision as it did not involve you.
The Council still want someone to pay, so they are now coming after you for the CT. But if the council want you to pay, and you dispute liability, then the council have to take you to a tribunal, and that hearing is totally separate from the one involving the tenant. The hearing which involved the previous tenant and the council, does not tie the hands of any tribunal involving the council and yourself.
For this reason, an 'appeal' is not relevant as there has been no relevant hearing for you to appeal against.
From the information you have provided, you have every chance of winning at such a tribunal. You have an AST which shows that the previous tenant was liable. The council will not have any admissible evidence to say that the previous tenant was not liable. It is perfectly possible for the previous tenant to win their tribunal, and for you to win your tribunal, leaving the council with nobody paying their council tax. That isn't something you have to worry about.
The question you might want to consider, is not whether you are in the right, but whether or not it is worth the effort and expense of fighting the council. They employ people whose job is to collect as much CT as possible, and they really are not afraid of spending tax payers money to achieve their aims.

Freda Blogs

18:22 PM, 8th January 2023, About A year ago

Per Adrian Alderton's suggestion earlier in the thread, I also recommend Craig info@lgfa92.co.uk.

I've used him in the past and his fees are very reasonable. He can review your case and give you a view whether to proceed or give in/ move on. Worth a shot before you jump either way.

Ravi gupta

14:59 PM, 9th January 2023, About A year ago

Reply to the comment left by Jessie Jones at 08/01/2023 - 14:02
Many Thanks Jessie,
The question is Have I got the right to appeal and/or has the LA has the right to refuse my request for an appeal?

Jessie Jones

15:26 PM, 9th January 2023, About A year ago

Reply to the comment left by Ravi gupta at 09/01/2023 - 14:59
Sent you a PM

Ravi gupta

13:39 PM, 13th January 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 06/01/2023 - 12:16
Hi Judith,
1, Yes the tenant contacted me to say she wants to end the tenancy early and she was refused and warned about the council tax liability.
2,She left the keys in the letter box.
3,No, I did not give her a deed of surrender.
4, within a week I informed the council that she has vacated.
5, I never put the utilities back in my name.
6,council will not release her bundle of evidence she produced to the Tribunal ie my text messages etc.
My Question is have I got the right to an appeal or has the council got the right to refuse to my request for an appeal.

Ravi gupta

13:44 PM, 13th January 2023, About A year ago

Reply to the comment left by Jessie Jones at 08/01/2023 - 14:02
Hi Jessie,
Thanks for your comments, the question is,
Have I got the right to an appeal or has the council got the right to refuse to my appeal request.
Council says they have been to the tribunal with tenant and not going to a tribunal again and I can directly appeal to the tribunal against theur earlier decision.

anthony altman

19:17 PM, 16th January 2023, About A year ago

Yes it is worth fighting the council, to many councils think they have a right to behave like thugs and gangsters,
If we do not stand up liars thieves and gangsters things will only get much much worse , history tells us that if the oppressed fail to hold their oppressors to account they will weaponise this weakness and instances of this type of intimidation discrimination and injustice will rise exponentially and not just us but our children will suffer the consequences of our capitulation
I am prepared to put my money where my mouth is
AND WILL happily put money in a fund to fight these councils who wish to strip us and our families of any human rights

TheMaluka

9:04 AM, 17th January 2023, About A year ago

Reply to the comment left by anthony altman at 16/01/2023 - 19:17
"thugs and gangsters" an apt description.

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