Dispute of council tax liabilty.

[lalaclarke]

Looking for some help regarding council tax please.
I rented a shop on a tenancy agreement for a couple of years, I left in July 2012. I received a council tax bill this year for the property which I disputed as I am no longer there, The council have now billed me for the period that the property was empty as the property owners have said that I had signed a 20 year lease making me liable! this is completely untrue, and I have been disputing this with the council since April, I have asked to see a copy of this supposed lease since April and the council are still yet to provide me with it regardless of 4 court summons, 1 of which I attended to state my case to the judge and the council officer halted the case with the promise of sorting it out so I never got to speak to the judge. I have appealed and again they have just found me liable after again telling me they have a copy of the lease which again I have requested to see, this is just a quick outline of the case but my main question is I will be taking this to the independent appeals, and I have again also requested the lease under foi. If this would I be better off paying them the amount to bring this matter to a head and then trying to reclaim my money through the small claims myself? this has been going on since April and they have denied me my rights on more than one occasion its just really long winded to go through on here. any advice would be much appreciated especially as if any lease is provided it will be fraudulent and then would this matter would become a criminal matter?

[seduraed]

Re: Dispute of council tax liabilty.

If you didn't sign a twenty year lease , what did you sign ? Do you still have a copy of it ? Try sending the council a Subject Data Access Request. These should provide a copy of the lease , or if not then when they try to take you to court saying that you owe the money because of the lease there may be some explaining to do.

[lalaclarke]

Re: Dispute of council tax liabilty.

If you didn't sign a twenty year lease , what did you sign ? Do you still have a copy of it ? Try sending the council a Subject Data Access Request. These should provide a copy of the lease , or if not then when they try to take you to court saying that you owe the money because of the lease there may be some explaining to do.

Hi thank you for your reply, I signed a 6 month tenancy with the previous owners which then became a rolling tenancy before the new company brought it, there is definitely no 20 year lease and I have told them this over and over again, my next step will be a subject of access request but all the demands and bills are dragging me down, so was thinking of paying the bill to get them off my case and then taking them to court to recover my monies. as I am so stressed with it all and they are not co-operating with me, they have o
nly just started to actually respond since I have put in a formal complaint.

[ploddertom]

Re: Dispute of council tax liabilty.

Why not contact your local Councillor(s) and ask they intervene on your behalf

[lalaclarke]

Re: Dispute of council tax liabilty.

Why not contact your local Councillor(s) and ask they intervene on your behalf

I'm not very good at all this stuff to be honest, I have escalated my complaint as received a reply today stating that the council are not obliged to provide me with the lease and I should have a copy, which is laughable as I keep telling them I haven't got a copy as the lease does not exist! I did however also state that whilst they are under no obligation to provide me with the lease they are obligated to provide me with evidence that they suggest they have that shows I am liable for rates on a property I do not own. I have been asking to see they're evidence since April, they just will not provide me with it, so I have also submitted a subject of access request hopefully they will have to provide me with the evidence.

thank you for replying it is much appreciated.

[ploddertom]

Re: Dispute of council tax liabilty.

Have you thought of asking your ex-landlord what they submitted to the Council?

[lalaclarke]

Re: Dispute of council tax liabilty.

Have you thought of asking your ex-landlord what they submitted to the Council?

I have but they are just ignoring all my communications, I think I will speak to my local councillor tomorrow hopefully they will be able to make them produce it, I'm also worried that the council will hold me responsible for the next 20 years so this needs clearing up asap, they are just not being very helpful at all.

[wales01man]

Re: Dispute of council tax liabilty.

When I held a lease on a pub the Council did not have a copy why should this council have a copy?

[lalaclarke]

Re: Dispute of council tax liabilty.

When I held a lease on a pub the Council did not have a copy why should this council have a copy?

They are saying my ex landlord has provided them with a copy which I have been asking to see since April as if they have sent one to the council it would be fraudulent, the council are saying that my ex landlord has the original held at their bank but they have supplied them with a copy of it, so all I have asked of the council is to provide me with what the ex landlord has sent, they point blank refuse to send me anything.

[wales01man]

Re: Dispute of council tax liabilty.

Strange? Did you use a Solicitor when you took this property on ?

[lalaclarke]

Re: Dispute of council tax liabilty.

Strange? Did you use a Solicitor when you took this property on ?

No didn't think there was any need as the company supplying the council with false information brought the property 3 months into my 6 month tenancy with the previous owners, the only document I ever signed was with the original owners on a 6 month tenancy, I stayed in the property for well over a year and nothing else was ever signed, I paid my rent every month and then gave the landlord notice of a month that I was leaving, that was 2012, I have heard nothing else regarding the property until April of this year.

[Crazy council]

Re: Dispute of council tax liabilty.

Hi LaLaClarke

This is somethiong i have dealt with many times, The council will just give you the run arround if you dont deal with the right people.

Do a letter to the head of revenues ( find ther email through google , its important that they get it, due to regulations)

I lef tthe property in question in JULY 2012 and did not traid from that address afterwards. My responsibility for NNDR stoped at that time ( July 2012 ). You have since taken legal action to recover monies that i dont owe.

Please prove, by return, all documentary evidence you have, that allowed you to proceed against me. There are certain responsibility delegated down to your department, from the statutory responsibility of the monitoring officer, in relation to validity of evidence prior to court proceedings commencing.

I ask you, head of revenues, to confirm you hold appropreta evidence to allow you to proceed to liability order stage.

If you do, please provide it by return, identifying how you relied on it.

If not, formaly withdraw the liability order.

Please take not of the following statment

I stopped trading and left the property in JULY 2012. as previously informed.

Best regards


++++++++


That should do

LALACLARKe

I would expect them to askk you, did you leave any items in the address after you stopped traiding, or did you have any intent to restart..

There are reasons as to why an lease can make you liabile, but not traiading or using the property, i think, stops that.

I have dealt with this exact same situation. You need to deal with teh head of revenue, as he is liable..

[wales01man]

Re: Dispute of council tax liabilty.

If as they say you signed a 20 year lease you may have had to pay some stamp duty its worth checking somehow I don't know how to find out what was alegedly paid.
I would contact your councillor pronto and ask that if the council wont let you see the lease they should show him or her they must have to provide proof

[lalaclarke]

Re: Dispute of council tax liabilty.

thank for all you replies it really is much appreciated as I feel I am banging my head against a brick wall, should I send that letter along with my complaint escalation crazy council? as the complaint now has to go to the managing director?
wales01man, I have notified the council also that any lease longer than 7 years has to be registered with the land registry and stamp duty would have been paid but there has been no stamp duty or registration monies paid as there was no lease, I have told them to check this for themselves but again I am hitting a blank they just want me to pay they are not prepared to do anything else not even show me proof that I am liable

[Crazy council]

Re: Dispute of council tax liabilty.

Hi lalaclarke.

Send the letter ( or email will be better ) seporate, continue with your complaint seporatly

The reason being, If they just register it as a complaint, you will be pushed around the system for months. and they will ask you to provide proof

wereas, the head of revenue, has delegated legal responsibility, and has to deal with it upon notification. Would usually sort it within 14 days