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Hi
I was wondering if someone could offer some advice for a stressful situation I am in.
A uncle of mine moved abroad many years ago after his wife died and left his property in the care of his family. Over the years Power of Attorney's were granted to me and my siblings to rent the property for him etc. Unfortunately in 2013, we rented out the property for three years to a person who caused nothing but problems. Within months he stopped paying rent and was rather abusive and aggressive. My Uncle informed us not to take any action and hopefully the guy would leave. He had become a sqautter and not having funds or time for legal assistance, we thought that he would leave eventually.
Anyway he did eventually leave sometime this year, but we have now discovered that no Council Tax was ever paid. Worse still the Council have been sending documents to the property and have now obtained a writ of possession. The house is to be aunctioned to pay the £8600 bill.
I feel incredibly angry, that we have been victims in this ( the place has been totally destroyed, no boiler, no furniture etc) and now we have been given this huge bill. What I find more frustrating is that the Council would and should have been aware that my brother had the Power of Attorney previously and was receiving Housing Benefit from our previous tenant. Infact he received a Environmental Fee around 6 months ago, for mess in the garden caused by the tenant. Furthermore previously the same house was also rented by means of Housing Benefit, for which I had the Power of Attorney and all cheques were issued to me.
Also in February of this year,the tenant finally 'showed' some remorse and guilt and his partner said they would start paying. She applied for Housing Benefit. My Uncle advised me to use my older brother, who has a far more persuasive and dominant personality than me to be the landlord this time to hopefully stop any abuse etc. However for whatever reason, the rent was not paid, and the tenants have now vacated the property. The initial Order for Possession was made in April 2017, after the Council were informed of a new claim and as my brother having the Power of Attorney as the landlord. No letters have been sent to him in regards to any legal proceedings for Council Tax, until oddly enough a month ago he was given a bill. We now have had to take out loans and have until this Thursday to pay the full amount otherwise the property will be sold.
The 'tenant' in question has been located by a private detective and he has accepted that he lived in the property and was responsible for all council tax.
Setting a Liability Order aside seems to be impossible, but I was thinking of just paying the money tomorrow, get possession of the property back and then take the council to court to recover my money. I have the original tenancy agreement etc. I feel the council did not follow procedures to locate the 'owners' of the property and possibly knew the tenant had no means of paying and thus have taken possession of the property for auction.
any advice would be greatly appreciated.
I was wondering if someone could offer some advice for a stressful situation I am in.
A uncle of mine moved abroad many years ago after his wife died and left his property in the care of his family. Over the years Power of Attorney's were granted to me and my siblings to rent the property for him etc. Unfortunately in 2013, we rented out the property for three years to a person who caused nothing but problems. Within months he stopped paying rent and was rather abusive and aggressive. My Uncle informed us not to take any action and hopefully the guy would leave. He had become a sqautter and not having funds or time for legal assistance, we thought that he would leave eventually.
Anyway he did eventually leave sometime this year, but we have now discovered that no Council Tax was ever paid. Worse still the Council have been sending documents to the property and have now obtained a writ of possession. The house is to be aunctioned to pay the £8600 bill.
I feel incredibly angry, that we have been victims in this ( the place has been totally destroyed, no boiler, no furniture etc) and now we have been given this huge bill. What I find more frustrating is that the Council would and should have been aware that my brother had the Power of Attorney previously and was receiving Housing Benefit from our previous tenant. Infact he received a Environmental Fee around 6 months ago, for mess in the garden caused by the tenant. Furthermore previously the same house was also rented by means of Housing Benefit, for which I had the Power of Attorney and all cheques were issued to me.
Also in February of this year,the tenant finally 'showed' some remorse and guilt and his partner said they would start paying. She applied for Housing Benefit. My Uncle advised me to use my older brother, who has a far more persuasive and dominant personality than me to be the landlord this time to hopefully stop any abuse etc. However for whatever reason, the rent was not paid, and the tenants have now vacated the property. The initial Order for Possession was made in April 2017, after the Council were informed of a new claim and as my brother having the Power of Attorney as the landlord. No letters have been sent to him in regards to any legal proceedings for Council Tax, until oddly enough a month ago he was given a bill. We now have had to take out loans and have until this Thursday to pay the full amount otherwise the property will be sold.
The 'tenant' in question has been located by a private detective and he has accepted that he lived in the property and was responsible for all council tax.
Setting a Liability Order aside seems to be impossible, but I was thinking of just paying the money tomorrow, get possession of the property back and then take the council to court to recover my money. I have the original tenancy agreement etc. I feel the council did not follow procedures to locate the 'owners' of the property and possibly knew the tenant had no means of paying and thus have taken possession of the property for auction.
any advice would be greatly appreciated.
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