Who is liable? Non-resident Freeholder or 2 tenants on seperate TAs?

[bladerubber]

Hi all, I am very keen to clear up an issue for my marge-I have found in a previous scenario the council gave me completely wrong information as 'fact' (and it was not upon a trivial issue) so I dont really see the point in asking them.

I have seen printed on an pamphlet by them the liability order of who is liable to pay the council tax of a property starting at the top with a RESIDENT freeholder (apologies I dont have the sheet in front of me now)

My mother after retiring moved abroad and in her property has 2 tenants on seperate tenancy agreements.
We believed that the tenants as residents were liable for Council tax payments. The council apparently even visited our tenants to see the scenario for themselves (might have been HB related though, not sure, as one was on HB)
Yet despite the council being fully aware of the situation they have continued to bill my mother and maintain that SHE is the liable person.
My mother, not being able to come to UK often and not being a native speaker has not protested and I feel like I have let her down by not pursuing the matter.
She has continued to make CT payments and it has now been 3 years.

A note to add here: BOTH our tenants are now eligible for Council Tax benefit (only one was at the start of tenancy). neither of our tenants have any issues with being the liable party (in fact when they moved in the assumed they would be)
I hope I have explained the matter clearly (let me know if not)and thanks in advance for any answers.

[Dest]

Re: Who is liable? Non-resident Freeholder or 2 tenants on seperate TAs?

Your mother would be liable. Property would be considered to be a house in multiple occupation as no resident holds tenancy to occupy whole property, and as such would fall into an owner liability class, And as your mother is the owner she is liable. Regarding the council tax benefit, as the person who would be entitled to Ctb has no council tax liability, Ctb is not payable.

http://www.valuationtribunal.gov.uk/...ce_manual.aspx
(pg 59)

[enquirer]

Re: Who is liable? Non-resident Freeholder or 2 tenants on seperate TAs?

I have found in a previous scenario the council gave me completely wrong information as 'fact' (and it was not upon a trivial issue) so I dont really see the point in asking them.

Always ask them, particularly if you know that they will be talking rubbish. Get them to contradict themselves in writing - it's useful later on.

[bladerubber]

Re: Who is liable? Non-resident Freeholder or 2 tenants on seperate TAs?

Thanks for that-been looking for that info everywhere, but couldnt find it-! Matter finally resolved