Council Tax liability after split with Ex Wife

[caller100]

Hello all.

I need advice on Council Tax Liability, after splitting from my ex wife.

I was surprised to receive a text message from JBW bailiffs warning me not to ignore them and to contact them.

I called them and was told there was an outstanding balance for council tax for a flat i shared with my ex wife last year.

What really shocks me is that i gave my ex wife a large sum to put away in order to pay the council tax, so it seems she never did pay at all.

Anyway, now JBW are pursuing me for all the outstanding council tax, even though both of us were listed on the tenancy. in fact we jointly were listed on all bills.

I called the council to explain the situation and that i am willing to make arrangements to pay half of the outstanding council tax. The operator told me that i will have to pay all of it and not just half. She threatened me by saying that we will have to remove things from your property. What the hell is this about?? This is so unjust.

Is this so? Surely the council tax should be paid by named persons on the tenancy and not just one person, in this case i pay half and my ex pays the other half?

Can someone shed some light on this please?

Where do i stand on this?

Thank you in advance.

[jaguarsuk]

The tenancy has nothing to do with it, which ever names are on the council tax bill are liable for it and that doesn't mean equally split if there's more than one party.

The operator is a bit daft as the address you live at is not the address of the bill and therefore how can they come to remove things?

That said, if they were to find you address and be able to make peaceful entry they could if you refuse to pay remove goods.

[ploddertom]

Did you inform the Council when you moved out? Were you paying Council Tax at the property you moved to? Are you able to provide other proof of moving - utility bills etc?

[lgfa92]

If the council tax charge is prior to your vacation then s6 of the local government finance act 1992 makes you jointly liable for the charge and you can be pursued for the entire balance if the council so wish.

From the date of vacation you are not liable for any of the council tax charge due whilst your ex-wife remains resident.

[caller100]

I moved out of the flat two months prior to the tenancy ending but forgot to inform the council. She stayed until the end of the tenancy.

However, we were both named on the tenancy throughout this time.

I just find it totally unjust that i have to pay all the outstanding amount.

Unfortunately i have no idea where my ex lives, so cannot provide the council with her address. She has given my parents address, so it seems they will harass my parents.

So am i right in saying that i don't have much room for negotiation or compromise? And does it seem i'll just have accept and pay the council?

Thanks again for your advice.

[lgfa92]

Not a lot you can do. Make sure the charge is for the correct period and ask nicely,

[jaguarsuk]

Expensive lesson learnt unfortunately.