Student Bristol council tax Rossendales

[Crazy council]

Re: Student Bristol council tax Rossendales

Hi walesman.

There are some differences with student accommodation and the tenancy contracts. IE they have prior known end dates, and dont turn into periodic tenancies. The council have no right to assume he was there when the first notification was served ( this is different with a standard AST ). Also, he did not know of the debt, this makes a difference.

All he has to swear at court, were that he did not receive any notification, because he had left the property
And he did not know of any debt due by the time he left the property. He will need a tenancy contract and few other docs

alll i have ever had to do was pop to the court, swear a statement, showing ( with proof if required ). For us, my local council, would occasionally, charge me council tax incorrectly, but also out tenants as we moved them between our propertys. If the tenant did not move between Dec-Jan31. they would charge them for both years for both propertys, pass them to baillifs asap. The tenant would never get the LO paperwork for the previous address... This happened to lots of our none HB tenants...

Both us and the tenants, were wasting loads of time going through the councils systems to try correct them that way..... and taking about 10 weeks to get them sorted... if they did.

So we took some advice, and it was to swear at the applying court, that there was no chance of notification, and no reason to assume a debt would exist. The court then dismiss the LO ( unless council appeal within 14 days ), and tell the council to restart the process ( 6 weeks ). It only used to take a few mins. No costs or charges are valid.. Your not appealing the LO, your stating that the process was not followed, hence the LO gets dismissed...

Appealing a LO for any other reason...... extreemly hard and costly to do after 14 days.

Hope that explains it a bit easyer

[MissFM]

Re: Student Bristol council tax Rossendales

op2:

[bizzybob]

Re: Student Bristol council tax Rossendales

A Student let is also usually a "licence to Occupy" a single room in a shared house, with mutual use of kitchen, bathroom and lounge shared between all the residents. If there is a TV in the lounge, the landlord usually pays the TV Licence for the shared TV, if a student as their own they need their own License, TVL catch a lot of students that way by stealth on the doorstep.

In the OP's case there is enough there to at least initiate a Formal Complaint as they should have asked the LL for forwarding addresses, the tenancies having ended before the council served notices, so they would NEVER be delivered to the persons intended. Yes it can be argued they are served as they were to the last known address, but the council may find themselves in a Pickle(s) if the complaint goes high enough.

I would offer the council the pittance owed minus the fees whilst it is investigated. Just my two pennorth

[bizzybob]

Re: Student Bristol council tax Rossendales

op2:

:behindsofa:

[Guest]

Re: Student Bristol council tax Rossendales

:behindsofa:

Its pointless responding to him-he is unable to comprehend legislation & just comes back with more inane drivel.

Regards your post #33, it is pointless just paying the pittance owed as there will be LO costs & enforcement fees outstanding that Rossendales will still chase.

We must bear in mind, we don't know what was written on the demand notice. I have trouble understanding these so I'd give a group of students even less chance. The important thing is to get the complaint in asap which should suspend recovery action. Like you, I'm optimistic that the LGO would find in the OP's favour if the complaint went that far.

There is also the issue of Rossendales overcharging here which also needs to be investigated.

It could well be that they will leave the OP alone & go after another of the liable students, hoping it wll be easier to collect. My feeling is that the council have technically done nothing wrong and the issue will be, is the word of the students that they left prior to this enough to satisfy the council. Also there is the issue of who (if anyone) is responsible for the tax on the empty property.

[bizzybob]

Re: Student Bristol council tax Rossendales

@ST "It could well be that they will leave the OP alone & go after another of the liable students, hoping it wll be easier to collect. My feeling is that the council have technically done nothing wrong and the issue will be, is the word of the students that they left prior to this enough to satisfy the council. Also there is the issue of who (if anyone) is responsible for the tax on the empty property."

In theory no, but this problem is rearing it's head more lately, as the councils look at every way to increase revenue.
I suggested offering the original sum billed to show good faith, as there may be unlawful fees included in Dossers figures, whilst a Formal Complaint with a view to escalate to LGO is progressed.

This one needs a definitive answer from LGO as it is not uncommon imho, just that we don't see it that often, or the council never find the students to set the dogs on them.


There are issues in shared houses anyway, as if they were not students and it was supported accommodation, there would be an additional Service charge to cover council tax and electricity, so even with a Student Let, if it is a licence to occupy with the rent covering electricity water internet etc as it was for one of my sons, council may be on a sticky wicket

At work I have seen a council try to bill someone in supported shared room for council tax where the landlord is most definitely responsible to pay it. We had that one killed off PDQ.

Seems a bit money grubbing as some councils allow a weeks grace from term end for the students to go home.