Tenants not paid council tax

[Wince]

Bought a house on a buy to let morgage 8-9 years back, turns out the tenants have not been paying the council tax ( they have a contract which states they are liable for all bills)

the council have been writing to my old address, I wasn’t aware of any problems, now ive been contacted by soliciors trying to issue a statutory demand for insolvency.

the total amount is alot, best part of £10k, can anybody advise or point me in the direction of someone who can help me with this?

[MIKE770]

Although tenants are usually responsible for paying utility bills, if they do not pay, the landlord may find themselves liable for the bills if the tenancy agreement doesn't clearly assign responsibility to the tenant(s) (which you say you have??

[MIKE770]

In most cases the occupier of the property pays the tax. This means your tenant will have to pay. However, there are instances when it's the landlord's responsibility to pay the tax.

But, as we've mentioned, in the majority of cases the tenant will pay. But, just to remove any doubt, your tenancy agreement should always include a clause stipulating the tenant is responsible for council tax.

At the start of every tenancy you must inform the council a new occupier has moved into your property. Most councils will have an online form for you to complete. If you use a letting agent to manage your property, they will contact the council on your behalf. This ensures the council tax bills will go to your tenant and not yourself.

[echat11]

Clearly the Council Tax is for multiple years, if the Council sent mail to your old address (why wasn't the council tax bill's going to the tenants?) and there was no response, they should have got debt collectors, tracing agency etc on the case well before now. The situation would have been easier to resolve at that time.

I would try to find out what efforts the Council made to try and track you down.

[Wince]

We never informed the council about the tenants, I didn’t know we had to.

im not sure what the council sent me in the way of bills etc, im sure they were sending letters to the tenants at the property.

can anyone recommend a lawyer who could help with this?

[echat11]

To your right is a search engine. Firstly try to get 30 to 45 minutes free advice, a solicitor that deals with issue a statutory demand for insolvency. Then you can assess and decide what you want to.

[Wince]

I don’t have a computer, just on my phone, you mean a search engine on this site?

[Wince]

Sorry, found it, thanks

[Wince]

The only lawyer i found that that can help wants over £500 for consultation and 10% of tge debt if he can help, is this right?

[MIKE770]

lawyer? solicitor you need

[islandgirl]

In your situation I would try to make an appointment to go and see the council to discuss the issues taking a copy of the agreement with me. They may back off. If they don't what have you lost? This is only what I would do and does not come with any knowledge of this particular situation.

[echat11]

The only lawyer i found that that can help wants over £500 for consultation and 10% of tge debt if he can help, is this right?

Have you got any legal expenses cover with any of your insurance policies?
(you policy will tell you if they are in a position to help)

[echat11]

In your situation I would try to make an appointment to go and see the council to discuss the issues taking a copy of the agreement with me. They may back off. If they don't what have you lost? This is only what I would do and does not come with any knowledge of this particular situation.

This is worth a try, it won't be the first time they've encountered a situation like this.

[Wince]

If theres a liability order already is this not too late?

[echat11]

If theres a liability order already is this not too late?

No it's not too late, but limited reasons to appeal -

https://www.scarborough.gov.uk/home/...iability-order

https://www.gardencourtchambers.co.u...s-article1.pdf