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Bailiffs and whether the debt follows to parental property

54 replies

Mydogisagentleman · 25/06/2024 06:40

My DD left a 3 year relationship when the bailiffs arrived at the rental property she shared with her partner.
She was a full time student and exempt from paying.
He disagreed with council tax and didn't pay, on top of that, he wrote a completely fictional person as the tenant.
There is no chance of reconciliation and he is moving back to live with his parents.
Is there a possibility that debt collectors could knock on their door?
DD was very fond of them and is considering telling them. He probably wouldn't.

OP posts:
fieldsofbutterflies · 25/06/2024 07:09

Yes, if he can be traced there then that's where they'll go.

CalicoPusscat · 25/06/2024 07:14

I don't think the parents would be liable for anything if they aren't guarantor?

But council tax is a serious debt, they'll go anywhere they think they can find him

fieldsofbutterflies · 25/06/2024 07:17

They won't be liable but if he's living with them; they'll absolutely knock on their door.

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QuillBill · 25/06/2024 07:30

She was a full time student and exempt from paying

You aren't exempt from council tax if you are a student who lives with a person who isn't a student.

Yes, they will go to his parents to try to get him to pay the debt but they can't take anything from his parents that isn't his.

malachitegreen · 25/06/2024 07:34

It is also your daughters debt so they might come to you too. She isn't exempt from council tax if she is living with a non student. Only if she is living in an entirely student residence.

StikItToTheMan · 25/06/2024 07:35

You aren't exempt from council tax if you are a student who lives with a person who isn't a student

This.

Also, never mind HIM and his parents' house. If your dd was named anywhere in respect of the house, that shows she lived there, chances are they'll be pursuing her too.

mitogoshi · 25/06/2024 07:37

Unfortunately she isn't exempt if living with someone who isn't a student, it's a joint debt

malachitegreen · 25/06/2024 07:43

really, if it is just council tax, just pay it and be done - it will be ramping up and up and up all the time it isn't paid

malachitegreen · 25/06/2024 07:43

she will also likely have CCJs against her name now, she just needs to get this sorted out.

malachitegreen · 25/06/2024 07:44

and if it isn't in her name, and it should be, then she is potentially going to get a fraud conviction. Sort it out!

socks1107 · 25/06/2024 07:57

Yes. The baillifs turned up at our house looking for the previous owners son who owed council tax on a house about 60 miles away

fieldsofbutterflies · 25/06/2024 07:59

malachitegreen · 25/06/2024 07:34

It is also your daughters debt so they might come to you too. She isn't exempt from council tax if she is living with a non student. Only if she is living in an entirely student residence.

Yes, this too!

They've both been incredibly stupid.

Mydogisagentleman · 25/06/2024 08:02

Bum, she's been incorrectly advised by citizens advice then.
She was on the electoral register so presumably they could persue her.

OP posts:
Poolstream · 25/06/2024 08:10

Our council are still sending demands to our ex tenant 18 months later, even though we are paying the council tax.
They also bought a house from a private vendor to be used by the council, two months later they sent a council tax bill to the vendor - for their own property. They’re idiots.

burnoutbabe · 25/06/2024 08:12

Yea she is disregarded from calculating the council tax due. So the household of 2 gets a 25% discount.

But it's still her and his debt.

malachitegreen · 25/06/2024 08:14

Mydogisagentleman · 25/06/2024 08:02

Bum, she's been incorrectly advised by citizens advice then.
She was on the electoral register so presumably they could persue her.

or she has misunderstood their advice.

JohnofWessex · 25/06/2024 08:22

There is a Council Tax Hierarchy of Liability so the tenants are liable BUT

My understanding is that as a student you are 'disregarded' so the liability will be in the name of the ex partner NOT the DD.

I suggest that she needs to get the relevant bills and see whose name is on them & talk to The Council to check that they have her down as an exempt student.

Then sort out anything she might be potentially liable for

That and refer the ex partner to the Inspector of Lunatics

fieldsofbutterflies · 25/06/2024 08:23

Students are disregarded in the sense that they don't owe council tax but if they live in a property with a non-student then they are still liable for the debt.

Whothefuckdoesthat · 25/06/2024 08:39

Mydogisagentleman · 25/06/2024 08:02

Bum, she's been incorrectly advised by citizens advice then.
She was on the electoral register so presumably they could persue her.

I don’t know enough to comment on whether or not she’s actually liable for the debt or not, so won’t comment on that, but if it turns out that she is, might it be worth her contacting his parents and suggesting paying half each, just to avoid the bailiffs? I’m happy to be corrected but if two people are liable for the debt, they’re unlikely to accept that person A has paid their half separately and person B needs to pay the rest. They’ll go to wherever they are most likely to get the cash and leave it to the two debtors to sort out between themselves afterwards, so it probably needs to be a joint effort if your DD is also liable.

Don’t leave any windows open or doors unlocked or they’ll be in. And if you open the door to talk to them, their foot will be in and they will not take it out, so if they do come knocking and your DD can’t pay it, talk to them through an upstairs window or the letterbox. I’m also pretty sure that relying on family members being embarrassed in front of the neighbours is a tactic they are quite happy to use, so be prepared for that if you’re of a particular disposition.

Causing untold aggravation to family members debtors live with is one way of getting that money. The bailiffs won’t be able to take anything that doesn’t belong to the debtor, but the onus is on you to prove it. Have you still got the receipt for your tv and proof it was you who purchased it? What about your car? Because proof of registration is not accepted as proof ownership. I’m not saying they’re evil people. They’ve got a job to do and the money needs recovering. But they are going to use every tactic the law allows them to use.

Mydogisagentleman · 25/06/2024 08:53

She moved out of the property the day they knocked. She suffers from anxiety and it sent her spiralling. She has just paid her final half of the rent and the tenancy ends on 10.7.24.
She was happy to walk away from everything except her clothing

OP posts:
malachitegreen · 25/06/2024 09:46

Mydogisagentleman · 25/06/2024 08:53

She moved out of the property the day they knocked. She suffers from anxiety and it sent her spiralling. She has just paid her final half of the rent and the tenancy ends on 10.7.24.
She was happy to walk away from everything except her clothing

But she was there three years and must have known she wasn't paying council tax? She can't have been that anxious about it! Really - just get it sorted, it isn't going to go away.

caringcarer · 25/06/2024 10:15

She needs to ring the council and ask if she's liable or not. If she is she can set up a repayment plan. Councils do not go away. They chase to get CCJ's against people and it ruins their credit score for 6 years. She really needs to be brave and get this sorted with council. You could help her. Courts will accept modest repayment plans over time.

YellowDots · 25/06/2024 10:15

Anyone would be anxious if bailiffs were knocking at the door and they hadn't paid any council tax for three years. That's not an unreasonable feeling to have.

She knew he wasn't paying it because he didn't believe in it and has benefited from living on a house where her boyfriend wasn't a student so had an income and had extra money floating around from not paying bills.

You can't just live in a home with someone for three years and then say that you are fine to walk away with nothing but your clothing when there are unpaid bills. We would all like to not pay council tax and walk away but that's not a thing.

BeeCucumber · 25/06/2024 10:22

Your daughter needs to find out how much she owes and then pay it. The bailiffs won’t leave her alone. I’m sure her spiralling anxiety will stop once the debt is paid.

fieldsofbutterflies · 25/06/2024 10:24

It's not just CCJ's either, people can end up with prison sentences if they don't pay their council tax.

After rent, it's the most essential bill to cover/

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