Council tax arrears

[mwesty1]

hi all,


Might be a very quick yes or no here but me and ex partner had council arrear's going back a few years and it was in joint names. In 2009 the ex went bankrupt and when they contacted me for these arrear's l have been told it is all my debt now. Is this correct?

I have been paying back monthly now for the last 14 months but just wondered if it was fair that it was now all my debt?

[Sapphire]

Re: Council tax arrears

If both your names are on a debt then yes they can chase either for the full amount, sorry about that.

[Bill-K]

Re: Council tax arrears

I believe it is where you are deemed to be "jointly and severally liable." Although Council Tax is payable in instalments, I don't think the Council are classed as a 'creditor' in that respect - so presumably a bankruptcy or IVA doesn't discharge the liability.

[titch2k6]

Re: Council tax arrears

hi all,

Might be a very quick yes or no here but me and ex partner had council arrear's going back a few years and it was in joint names. In 2009 the ex went bankrupt and when they contacted me for these arrear's l have been told it is all my debt now. Is this correct?

Sapphire is correct. Unfortunately, as it was a joint account with both names on this statatory debt, you are now liable for the full amount under "joint and several liability" terms. If you are an individual named on council tax arrears, there would have been some defence:

Council Tax (Administration and Enforcement) Regulations (1992), Section 49 (1)

“Where a liability order has been made and the debtor against whom it was made is an individual, the amount due shall be deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986 (grounds of creditor's petition)”

Sorry.