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Liability for council tax - dispute with council

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  • Liability for council tax - dispute with council

    I have a gentlemen I care for who has dispute with the council over council tax liability.

    They're asking for 2 months of council tax to be paid.

    Previously he was disregarded as Class U, Severely Mentally Impaired, and never paid council tax for the duration of tenancy.

    The Environmental Health department served a Prohibition Order on the entire property, making it unfit and unsafe for human habitation and he vacated the property but did not give up possession.

    Landlord/owner re-entered the property and changed all the locks without giving him a key and he was never able to re-enter the property. This was an unlawful eviction.

    This has all been sent to the council, over 4 months ago, but they have failed to respond.

    Regarding the Prohibition Order, they come into effect 28 days after the date on the notice, but the EHO emailed the tenant saying he would prefer him to vacate the property as soon as possible due to the hazards, which he did.

    Regarding the unlawful eviction, in the council tax liability hierarchy, we assert that the landlord/owner should pay the council tax because, in lieu of a valid possession order, he took control of the premises and deprived the tenant of his home.

    Can anyone offer any advice, please?

    Thank you
    Tags: None

  • #2
    If the Council isn't responding, lodge a formal complaint with the Council via their website. You'll get an auto response. You should also contact your local Councilor and MP.

    https://www.gov.uk/find-your-local-councillors

    I would lodge a Complaint with the LGO, although they will state you have to allow the Council to look into your Complaint (3 months), but it might help get things moving with the Council.

    https://www.lgo.org.uk/make-a-compla...ax/council-tax

    Your Complaint is that they aren't responding to you.

    Comment


    • #3
      Thank you for your help.

      Comment


      • #4
        It seems to me that because the dwelling was the subject of a Prohibition Order no one can live in it, as a matter of law. There is thus no liability for the former tenant to pay council tax on the dwelling for the relevant period.
        See:
        Williams v Horsham District Council [2004] EWCA Civ 39 (21 January 2004) at 12 and 26
        https://www.bailii.org/ew/cases/EWCA/Civ/2004/39.html

        I would be bringing that judgment to the attention of the billing authority, mentioning that the above judgment is referenced in the Council Tax manual published by the Valuation Tribunal.
        https://www.gov.uk/guidance/council-tax-manual

        Comment

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