.. to think council should pursue CURRENT tenant for c-tax and not drag me to court??

[Backt0Black]

Hoping someone on here can help? I'm getting nowhere with common sense with the council.

In Nov after a long running dispute with the landlord over various legal issues (I'll omit to keep this short, but happy to explain) I left a tenancy 7 months early (was 2.5 yr). I immediately informed council (both properties in same billing area) to pay final bill on old property and to take on bill at new property.

Landlord had re-marketed the property the month previously - hence my need to move quickly. During my move (back and forth with van) landlord entered the property with a band of his workmen and stole around £2000 worth of possessions (not that it matters but I'm heavily pregnant and this was a bit terrifying and can't believe the council are supporting this 'landlord') then returned to change the locks later in the week. So - effectively no access from Nov. (I was happy to hand existing keys to landlord in exchange for a receipt of return as he is quite dodgy)

Out of spite landlord has said to council I should retain the council tax liability until end of tenancy (June!)... despite the fact he has re-let the property to new tenants.

I appealed and wrote to council explaining the changed locks and new tenant and they STILL are holding me liable until June. Despite new tenant and the fact that I am happily paying them on a new property. They and are pushing ahead with court action ... I cant just pay... it's a huge bill - £280 a month on a high band! (will be on SMP soon!)

They have said my only recourse is to write another letter. I dont know what else I can say that there is another tenant in the property and that the landlord changing the locks was implied surrender?

They will no longer discuss verbally and feel like I am doomed to end up in court, never been through anything like this.

Any legal eagles with advice.... anyone been through similar and have takes of success.... or warning?

That's great news!
Now, make a formal complaint to the council about how it was handled by them. They have a duty to investigate! Hopefully you will get an apology and the staff in question may get some 'retraining' etc.

I dont usually jump on the you must make a complaint someone must pay bandwagon, but in your case I think it is absolutely justified.

You will be liable until the new tenants moved in or the point at which the VT finds the landlords liability ends. You can give your evidence of this to the VT and they will decide your liability. You need to pay though or they will also take you to court - you will get the money back if the VT finds you aren't liable.

Oops sorry I didn't see your update. Glad it's sorted

Sorry that should also say the point at which the VT finds the tenancy came to an end - just in case anyone is in a similar situation.

That's the point. The council would not listen or look at the fact that a whole family have been in the property for TWO MONTHS. Supplied letting agent details. Supplied screen-grab of property confirming as 'removed from market' and they would not lift a finger to check. Preferring lengthy court action funded by taxes.

Lazy steamroller antics.

I'm glad it's resolved and second the recommendation that you complain formally. The complaints procedure should be online - make sure they keep to their own timescales, i.e. if they don't respond when they say they will escalate the complaint to the next stage.

Another one saying make sure you complain. You had the guts and the presence of mind to see this through but a more vulnerable person might have been bullied into paying. Cash-strapped councils should be focusing on priorities - look at all the time they've wasted in this case, because of a very simple mistake. Also there is no excuse for the attitude and poor customer skills.

Well done you!

Absolutely complain: the way you were treated was terrible.

I would just like to offer an explanation of the staff's attitude, though.
A friend of mine used to work for the council in a similar role and had a nervous breakdown due to the appalling way they are often treated by members of the public. I can quite believe that, in Collections, they switch off humanity and compassion just to be able to cope with the day to day abuse they get. They're dealing with violent verbal abuse and death threats all the time. My friend was threatened with rape and told they had her name and knew where she lived.
PP was not wrong when she said It's regarded as a punishment to be sent to work there.

I do think the way you were treated was disgraceful; it's obviously been extremely distressing. I just thought my explanation might help a little, not to excuse, but to understand why they refused to listen or engage and why they said they'd terminate the call when you insisted they'd got it wrong.

And, for what it's worth, I think they should prosecute all of these vile creatures who threaten and abuse staff over the phone.
So many of my friend's colleagues were signed off with depression and mental health issues. It bumps up our council tax bills to deal with the fall out - why should we tolerate it?
Your complaint may help managers to see that the current "switch off and automate" isn't an acceptable way of dealing with it.

It really is this - You had the guts and the presence of mind to see this through but a more vulnerable person might have been bullied into paying I can absolutely see how someone could be terrorised into not appearing at court and defending this.

I do think any threatening or abusive behaviour aimed at anyone on the collection telephone lines is wrong. However they were completely without empathy. I said to them 'as one rational human to another, can you tell me how it could be fair for me to pay council tax at £180 a month in one property I DO live in and also £260 a month for a property another family live in..... all while on stat maternity pay'

The response?

......I do not have to enter into a conversation on this, we have referred to legal... we will pursue.....ad infinitum.

From a more lighthearted perspective it may have been amusing to turn up in court with my 39 week bump and Daily Mail sad face

Anyway - thanks again all. I will complain

This is awful op.
Can your mp help?
When things get desperate speak to the media . When faced with reporters the council or other tends to act.
A solicitor will probably be needed to get your possessions back.
Good wishes C

Zombie thread!

Zombie thread

This thread is from 2017!

Zombie alert!

[quote tracyloothes]How do you calculate tax depreciation Sydney for properties?

deppro.com.au/tax-depreciation/tax-depreciation-explained/[/quote]
A start would be creating a new post and not one that is 4.5 years old.

[quote tracyloothes]How do you calculate tax depreciation Sydney for properties?

deppro.com.au/tax-depreciation/tax-depreciation-explained/[/quote]
Probably not on a 4 year old thread on mumsnet!!!

ZOMBIE 🧟‍♂️ 🧟‍♀️ 🧟‍♂️ 🧟‍♀️ 🧟‍♂️ 🧟‍♀️ ZOMBIE 🧟‍♂️ ZOMBIE ZOMBIE ZOMBIE 🧟‍♂️ ZOMBIE 🧟‍♂️ ZOMBIE

[quote tracyloothes]How do you calculate tax depreciation Sydney for properties?

deppro.com.au/tax-depreciation/tax-depreciation-explained/[/quote]
Well in the U.K. you generally don't bother
Spam elsewhere!

Complain.

Really, really poor of the ctax people on this one.

There is nothing in the hierarchy of liability to suggest that you as a non resident should be liable especially as you are fully liable as a tenant on another property.

An owner / occupier living in the property who owns the leasehold or freehold of all / part of the property
A tenant living in the property
A person(s) who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
Any person(s) living in the property, for example, a squatter
An owner of the property where no one is living

The liability should be with the new tenants or the landlord if he's claiming that no one is resident.

I'd also be interested to know what he's telling the new tenants or if he's been offering to "pay" the council on their behalf.

1. Speak to your local Councillor
2. Speak to the CAB - believe me, the information request the CAB will put in will be a massive ball ache to the Council
3. Speak to your MP
4. Formal complaint to Council NOW. Make sure you include reference to escalation to the Local Government Ombudsman.

A few phone calls will turn into an absolute nightmare for the Council. Much as I have sympathy for Ctax staffers (my friends included), for this one they need a good old fashioned kicking.

ZOMBIE THREAD REANIMATED BY A SPAMMER