Benefits and Council Tax Help

[Winz]

Morning, wonder if someone can help me, My son suffers from mental health issues and is on ESA, Housing benefit and Council tax Benefit. 4 years ago he shared a house with a Male friend to help them both out and they had a joint tenancy, His half of the rent and council tax was covered by his benefits, He moved out about 2 years ago. He had a summons a couple of months ago regarding Council Tax for the property he shared, I rang and explained his half was covered by benefits which they checked and agreed and I thought the matter was closed. However when he received his benefits today they are less than normal, he rang the council and was told they are taking a fixed amount out every week for the said arrears?? The other tenant is still living in the house and is working and they haven't been able to get anything from him so apparently because my son is named on the tenancy even though the council covered his proportion the same council can now deduct from his benefit the other persons debt?? Surely they need to chase the other person? he struggles to survive as it is on benefits. Any help would be greatly appreciated thankyou.

[Morlock]

Where adults living in a property are liable to pay council tax, they have what is called joint and several liability for any council tax debt. This means all of those adults are liable for the full amount outstanding.

Even though your son's 'share' of the council tax was covered by benefits, as the other adult did not pay his 'share', your son is liable for the outstanding amount of council tax owed for the period which he lived in the property.

It may seem unfair as morally it is the other adult's responsibility but the council can pursue either adult for the full debt so until the debt is settled, your son's benefits will be reduced.

[2222]

Your son can sue the other tenant, but there's not much point if he is broke.