council tax

[Harveyannie]

My son owns a co-owns (33%) a house with an ex partner. She had tenants in the house who have just been evicted. The house is to be sold. The local council has come after him for council tax. They are saying that he is responsible for 100% of the tax even though he only owns one third of the property. His income after tax is £16000 a year variable and usually lower and the council tax is £2500. He cannot afford the £200+ a month with all his other outgoings. So I have two questions. Is he liable for 100% of the council tax? Is he able to claim any sort of council tax relief? Thank you

Landlords are responsible for council tax bills, but often pass the cost to tenants.

He would need to check whose name is on the account, is it both owners or just him?

When property sold he can pay the bill.?

He can apply for reduction, it’s dependent on income, if it’s lived in or empty? You can do most of this online on local authority website.

What was the agreement for the tenants? My contract states that tenants are responsible for the CT and I inform the council of their name and effective date when they move in.

If the house is split 3 ways can it not be added to the costs on selling? One person shouldn't be solely responsible if there's more than one owner.

Council tax is payable by the occupants, unless the property is let as an HMO. If he can demonstrate the property was tenanted during the period the council say he was liable and that he was documented as living and paying council tax at another address, the council will need to pursue the tenants for the arrears.

For any period the property is vacant, he and his ex are jointly and severally liable regardless of who owns the greater share. The council aren’t interested in squabbles between co-owners. If the ex refuses to pay her share then the council will seek a judgement against both owners.

He and his ex-partner are jointly liable for council tax. The council can pursue either of them for the full amount. He may be able to pursue his ex for her share of the bill.

Thank you for the replies. He is not being pursued for the time that the house was tenanted. He does not pay council tax anywhere else the house is currently empty. I suppose he could go and live there and claim benefits but that is not in his nature. We'll see if he can apply for a reduction because of low income.

He’ll almost certainly only be eligible for a reduction or exemption if he’s resident at the property: most councils have removed empty property CT reductions entirely to discourage properties being left empty and many charge 150% of the standard CT.

If he’s a co-owner of the property then he’s entitled to live there until it sells. If that isn’t an option then I agree with prh45bridge that his best option is to pay it for the hopefully short period of time it takes the flat to sell and then pursue his ex / any other co-owners for their share via a small claim.

Ah so he's being chased from when the tenants left? In which case that changes everything. So yes he liable as its his name held by the council but morally it should be sit between the owners equally.

I would be careful, some councils charge double rates if the house is declared empty. I had this when dealing with my grans flat after she died.

He should speak to the council and explain his financial circumstances. Ask to agree a payment plan of instalments and/or full amount once he has money from the sale of the house.