UK Landlord Forum / Life

Hi all,

Wonder if you can advise on this - out of the blue at the beginning of this month I got 2 letters from Rundles Enforcement Agents, subject: Magistrates Liability Order, Council Tax owed to Hyndburn Borough Council for balances £659.03 and £211.23.

It was literally the first correspondence I'd had and to my knowledge I am fully up to date, so I queried with the council and got this response:

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Thank you for your email.

4XXXXXXXX

This account relates to the property of XXXX, XXXX for the following periods where the property was empty:

25.07.2013 to 24.01.2014 - £349.03 balance. This was sent to the Enforcement Agents on the 02.06.2016 to collect.
15.10.2016 to 15.11.2016 - £136.23 balance. This was sent to the Enforcement Agents on the 16.01.2017 to collect.

You will need to deal with the Enforcement Agents regarding any arrangements to pay towards these.

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The property I rent out on an unfurnished long term basis.  New tenants moved in on 15.10.2016, so their first month is the period 15.10.2016-15.11.2016 ( I can send the council a copy of the contract ). I'm looking into who the tenant was in the earlier period as its a long time ago!.

My major concern is that I haven't received any letters, emails, or phone calls from the council about either of these 'debts' until receiving the Enforcement Agent letters this month.

Can anyone advise the best way to deal with this/respond, and if its even legal for the council to get a Magistrates Liability Order against me without even sending me a bill for the alleged debt?!

Many thanks!
J

I would check to make sure the liability order is against you.  It's odd because there are many steps including a court hearing before that is granted so difficult to see how you have jumped to step 5 in the process.

Either
1. The council knows about the prior tenants and the recovery agency is just trying it on with anyone connected to that address (this is very common they don't care who pays the bill so long as they recover) or
2. The council doesn't know about the prior tenants and you have been incorrectly identified as resident in that property (or they have assumed the property was empty).

I see you have been advised on a another forum to pay up but before you do that call your council (despite the email you have received) to confirm whether it is 1. or 2.

It looks like from the email from the council it is option 2.
What normally happens is that the council sends letters/bills to the residence and the tenant ignores them.  Whereas the recovery agent looks up the registered owner on the Land Registry record and sends the letters there.

If it is 2. then let the council know they have got it wrong and also call the recovery agents and provide all the documentation you have to both the agency and the council as quickly as possible to prevent or at least delay the next stage (Enforcement Order). 

If an Enforcement Order is made against you before you have resolved this with the council then at that point you might want to think about paying up and recovering later.

(I have assumed the first period of unpaid tax the property was also rented)

Best of luck.