UK Landlord Forum / Life

I am in quite dire need of advice for this dilemma.  I have been made liable for my tenants' unpaid council tax bill on my property for the period they remained in my property while I was enforcing a court order to get them to leave.

Basically they moved into another house they were renting, but didn't leave mine.  It took me one year to get them to leave the property and I have been made liable for the council tax while they were squatting in my house before bailiffs got them out.

The detail.  I served notice for them to vacate through the agency on the tenant in Dec 14, and they were supposed to vacate in Feb 15, which they did not.  It took until Feb 16, one whole year, to enforce a court and order and bailiffs to get them to leave.  Naturally, over this time they paid no rent, leaving me out of pocket again and left the property in such a state that it will take months to get it read to rent again or even sell.

After they vacated, it became apparent that the tenant had started renting another property in Jul 15 (I know this from the council because the tenants started paying council tax on that property from that date).  Essentially, between the period Jul 15 and Feb 16 my tenant was paying for their new rented property while also remaining in mine, not paying any rent while I had to get the bailiffs to get them out.

Shrewsbury council have told me that a tenant cannot pay council taxes on two 'rented' properties (even though they weren't paying the rent on mine and weren't supposed to be there), thus leaving my liable for council tax from the period Jul 15 - Feb 16, and that I am liable to pay council tax for the period they were illegally occupying the property.  Just doesn't seem fair.

I have sent letters explaining the situation to the Council asking them to transfer the debt to the tenant (council have refused), or write off the payment (they also refused).  I have sent them documents with proof of notice to leave, missed rent payments, letters from the court, bailiff's letters, even a letter the tenant sent me dated 16 Feb 16 in which they admit occupying the property up until this date, photos of the terrible state they left the property in.  All of this has unmoved the council and I today received a court summons for non payment of council tax.

I have to move for my work and am renting in London at the moment. The council tax bill is 'only' £580, but I can ill afford to pay.  I have refused to do so so far.  However, I have now a court summons for non payment of council tax.

Can anyone advise me on where to go from here?

I could just pay the council tax, thus adding another loss to the thousands these tenants have cost me already, but is does not seem right that I should be liable for the council tax for the period that they were illegally occupying my property.

For what it is worth, I have managed to get the tenant's new address, but am loath to use Small Claims to get the money back as that costs more money and they are unlikely to pay.

Very grateful for any advice that people can give.  My agency have been no use and short of a lawyer no-one seems to have have in this situation.

Kind Regards

James

I'm in exactly the same situation. She'd even threatened to give the keys to the homeless to thrash the place when she leaves If I don't give her  some of the deposit!
She received the keys in her new flat on the 12th May, the housing benefit and council tax office informed me that rent had ceased from the 16th May and I'm liable for council tax from that date. She's still in my flat that's nearly 7 weeks.
She texted me yesterday she'll be moving out next week from someone else's phone which isn't true so I've sent a copy to both offices showing proof that she's still living at my address.
. I've also started a fraud claim with dwp as she's on unemployment benefit. How can someone be claiming benefits from 2 addresses? There has to be fraud somewhere? I've tried to evict from last year July 2015.
I'm tearing my hair out as I don't know what to do. The served Section 21 expired 15th May2016. As she's got another place I didn't want to start the court proceedings but I might have to. Help please advice greatly needed

Hi, i had a similar problem as Thraxx, The Tenant moved into another rented property. They refused to hand the keys back and tolled the council they had moved out so i got the council tax bill. I took the bill to my  council office along with the court order in north west Cumbria. They told me the Tenant was legally responsible for the bill regardless of how many tenancies they have, and i heard no more about it.
My guess is the council are trying to pull a fast one. they know you are more likely to have the money than your ex Tenant. I would be tempted to try my luck in court and see what the Magistrate has to say about it. Best get some legal advice first.

Good luck.

Sorry when the council says that a tenant cannot pay tax on two rented properties that sounds like a load of bull otherwise what's to stop someone renting a holiday home as well as their main residence and sticking two fingers up to the council when they ask for CT on the holiday place?

If you are over 18 and own or rent a place you pay council tax unless you are exempt. You had tenants who were renting, you didn't live there so unless you were renting out an HMO I cannot understand why you would be liable? I suspect you are simply an easier target than a tenant who has avoided paying you rent for months on end.

Quote from: thraxx on June 25, 2016, 05:11:52 PM
I am in quite dire need of advice for this dilemma.  I have been made liable for my tenants' unpaid council tax bill on my property for the period they remained in my property while I was enforcing a court order to get them to leave.

Basically they moved into another house they were renting, but didn't leave mine.  It took me one year to get them to leave the property and I have been made liable for the council tax while they were squatting in my house before bailiffs got them out.

The detail.  I served notice for them to vacate through the agency on the tenant in Dec 14, and they were supposed to vacate in Feb 15, which they did not.  It took until Feb 16, one whole year, to enforce a court and order and bailiffs to get them to leave.  Naturally, over this time they paid no rent, leaving me out of pocket again and left the property in such a state that it will take months to get it read to rent again or even sell.

After they vacated, it became apparent that the tenant had started renting another property in Jul 15 (I know this from the council because the tenants started paying council tax on that property from that date).  Essentially, between the period Jul 15 and Feb 16 my tenant was paying for their new rented property while also remaining in mine, not paying any rent while I had to get the bailiffs to get them out.

Shrewsbury council have told me that a tenant cannot pay council taxes on two 'rented' properties (even though they weren't paying the rent on mine and weren't supposed to be there), thus leaving my liable for council tax from the period Jul 15 - Feb 16, and that I am liable to pay council tax for the period they were illegally occupying the property.  Just doesn't seem fair.

I have sent letters explaining the situation to the Council asking them to transfer the debt to the tenant (council have refused), or write off the payment (they also refused).  I have sent them documents with proof of notice to leave, missed rent payments, letters from the court, bailiff's letters, even a letter the tenant sent me dated 16 Feb 16 in which they admit occupying the property up until this date, photos of the terrible state they left the property in.  All of this has unmoved the council and I today received a court summons for non payment of council tax.

I have to move for my work and am renting in London at the moment. The council tax bill is 'only' £580, but I can ill afford to pay.  I have refused to do so so far.  However, I have now a court summons for non payment of council tax.

Can anyone advise me on where to go from here?

I could just pay the council tax, thus adding another loss to the thousands these tenants have cost me already, but is does not seem right that I should be liable for the council tax for the period that they were illegally occupying my property.

For what it is worth, I have managed to get the tenant's new address, but am loath to use Small Claims to get the money back as that costs more money and they are unlikely to pay.

Very grateful for any advice that people can give.  My agency have been no use and short of a lawyer no-one seems to have have in this situation.

Kind Regards

James

James,

Nothing to stop a tenant being liable for council tax on two properties - legislation allows for a person to be liable on a 100 properties at once if needed.

As they were resident in the property Section 2 & 6 of the Local Government Finance act 1992 covers the situation - effectively this allows for them to remain liable for each day they were resident in the property (unless you were resident or you had another tenant who was resident).

(for my sins I worked in council tax for nearly 10 years before I became a self employed council tax consultant)

Craig

Hi

Try VOA apparently there is a valuation office in Wimbledon and request a rated value habitable agreement under your strenuous situation.

Put your tenants on a Bad Tenants site list.