Council Tax Liability Order Imposed without my knowledge!
I’d like an opinion on how to proceed please with brief details as follows:
I rent out a property in Swindon, where following the departure of the tenants, the property stood empty for a month. I advised Swindon Borough Council of this in May by telephone and was advised that the Council Tax Account was “Closed”. I therefore thought nothing more about it.
In November, the new tenants (though in residence since end-June) handed me correspondence that was addressed to my company but addressed to the rental property. That correspondence comprised:
1. A letter demanding overdue payment of Council Tax.
2. A Court Summons for non-payment of Council Tax.
3. A Liability Order for Council Tax due plus award of Costs.
Having then spoken/written to Swindon Borough Council and explaining the situation plus emphasizing the fact that they had erroneously sent all correspondence to the wrong address, Swindon Borough Council simply re-issued the Liability Notice to my correct address.
I am obviously aggrieved that I can be summoned and ‘found guilty’ without my knowledge and that Swindon Borough Council still insist on including the Court Costs on an issue that I believe is due to their own ineptitude. They were provided with a correct address in May, yet did not update their records to reflect the content of my telephone call.
For expediency, I would pay the amount required on the Liability Order because I am being threatened with Bailiff action. However, do I have a case to take Swindon Borough Council to court (or Small Claims) to recover the court costs, which I believe to have been inappropriately imposed?
Interested to hear constructive views, thank you.
Wolfie![]()
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Selling house - looking to invest
Member Since June 2013 - Comments: 704
5:10 PM, 4th December 2013, About 12 years ago
Joe is correct and the papers should be passed on within 7 days.
Make the tenant liable
Member Since January 2014 - Comments: 1
1:52 AM, 23rd January 2014, About 12 years ago
Reply to the comment left by “Neil Patterson” at “29/11/2013 – 17:14“:
**Two Posts Removed by Moderator**
Comments: 3
8:26 AM, 23rd January 2014, About 12 years ago
Reply to the comment left by “Reader ” at “29/11/2013 – 21:19“:
Update: I took legal advice over this issue in early December … seems as though Swindon Borough Council are in their right to send a Summons to the address held on their records, though, their commonsense was questioned because the Council had previously sent an Inspector to the property who had confirmed it to be empty (at that time).
In addition, I was advised to write to Swindon Magistrates Court to outline the situation and ask them to set aside the costs associated with the Liability Order. I did so before Christmas, but Swindon Magistrates Court have not responded.
Only option now available seems to be to write to the Head of Swindon Borough Council to attempt to provoke communication that way.
Member Since November 2020 - Comments: 45
4:50 PM, 13th June 2025, About 11 months ago
…….And Landlords say Tenants can easily food the rent increases………instead of Landlords harassing tenants and Tenants harassing Landlords let’s focus on the Government’s and Councils who are the cause of all our woes and price increases! Keep each other up to date with the facts of which council and which party are imposing these rules and regulations so they can vote accordingly