Council Tax

[Notsofunnynow]

We are in process of buying a house. The seller has told the council tax people that we have completed the sale. Letters have been coming for us expecting us to pay! We haven't even exchanged yet, still waiting for searches etc! I have rung the council tax people and told them. They were surprised! I know we dont have to pay until completion, they have just asked us to send them proof of completion when it happens. But is what the seller has done seen as fraud?

When I told the Council I was moving they insisted on me telling them who was buying the property so I suspect that’s universal across the Country. Probably a mix up their end.

How far in to the process are you? I'd walk away if I could as I wouldn't trust the seller to not completely shaft me.

Alsoco, it's more that he told them the sale had completed a few weeks back, when it hadn't. In fact he was still living there!

Milktwosugars, that seems an extreme response to me! We are quite far along. Our solicitor is very good.

Well, that’s what the Council say and we know they are trustworthy... suspect they got it mixed up their end and don’t want to admit it. Unless he’s moving out of the County he would need to provide evidence of new address to change their records.

Just to be safe I would speak to your solicitor and ask them to make it clear that you will not be responsible for utilities whilst he is the owner occupier and you reserve all rights to claim against him for any future loss because if the Council are right whos to say he’s not done it with water, gas etc

In any event ask your solicitor to give you a certified copy of the signed and dated TR1 from the seller to you so you can evidence the completion date when asked

On the fraud front, yes maybe defrauding the Council as it will be their financial loss not theirs. Isn’t a Council tax free month this month and next anyway? It is here. Seems strange that they’re chasing if so!

Their financial loss not yours I meant to say

Long week!!!!

The “free” months have already been paid for earlier in the year - usually council tax payments are calculated from 1/4 to 31/3 and then split into ten instalments. You will be billed from the date you move into a property until the end of the following March no matter when you move in if that makes sense Alsoco.

There’s a good chance the previous owner has tried to claim a refund based on an earlier move date but the council wouldn’t necessarily take any action from a fraud perspective, they’ll just find him and bill him. Cheeky so and so! Just send your proof op and you won’t have an issue but I’d also check your utilities etc in case he has tried it on elsewhere.

Also, if you don’t move in straightaway remember you can claim an exemption for the time the property is empty in between inhabitants.

That's why I asked how far along you were. If you're early in the process it's easier to walk away if you think the seller is going to take the piss. You could find yourself arguing with council, gas, electric, water, etc about debts that aren't yours.

Thanks Ronnie, make sense!

Anyway I had one final thought on this which is that once I gave our buyers names to the Council they actually wrote to the buyers at our address, even before we completed. Admittedly I don’t know what the letter said but can only guess they wanted to start billing them! My first thought was that the cheeky sods were getting post delivered to our house before completion until I saw the Council postmark.

So hopefully just a mix up and nothing fishy going on. Hope the rest of the purchase goes well!

Thanks guys! Good thinking on the utilities - will keep an eye out. Thanks for your help