I am a former joint tenant with an unexpected council tax bill

[one_bullet_lef]

Hi everyone,

In the summer last year, I ended up in a joint tenancy with 2 other people. Stupidly I paid cash in hand to one of the other tenants for my "room", which was a set amount of money we verbally agreed upon to cover my share of rent and bills. He paid the rent in cash each month to the estate agent's office, but obviously ignored the bills.

The other tenant left part way through the tenancy, which meant that the contract was "amended" with the name of the tenant who we brought in as a replacement. So there were effectively 4 people resident in that property as assured shorthold tenants during that period.

Now I've recieved a bill from the council for the tax, but only two names are on it - mine and the guy I was paying my share to. I've been told that the council will pursue only one person at a time, and it's entirely up to them who they choose to pursue.

I have the home address of the other guy, and I also have the name and former employer of the other two. I'm going to try to get a copy of whatever information the estate agent has retained that might prove that there were other people resident there besides myself and the other guy.

So what would be the most sensible option here? Should I pay the full balance and attempt to recover costs from the other parties? If so should I use a debt collector, or simply go through the small claims courts? Should I contact the council explaining that I was one of 4 others and urge them to make contact with them?

I'm not on good terms with any of the other people involved in the tenancy, so it will be very difficult to come to any kind of arrangement with regards to paying a fair share.

[Never-In-Doubt]

Re: I am a former joint tenant with an unexpected council tax bill

I would suggest you state what you told us above, to the Local Authority. It is not your sole responsibility so if 3 of you were there, pay a third and leave the other 2-3rds for them to sort out.

If you already paid direct as part of your bills then that will be between you and whomever you paid your money to each month.

Good luck - but you need to be speaking to the council, don't ignore them - talk to them (or write)...

[PlanB]

Re: I am a former joint tenant with an unexpected council tax bill

In the summer last year, I ended up in a joint tenancy with 2 other people. Stupidly I paid cash in hand to one of the other tenants for my "room", which was a set amount of money we verbally agreed upon to cover my share of rent and bills. He paid the rent in cash each month to the estate agent's office, but obviously ignored the bills.

The other tenant left part way through the tenancy, which meant that the contract was "amended" with the name of the tenant who we brought in as a replacement. So there were effectively 4 people resident in that property as assured shorthold tenants during that period.

Now I've recieved a bill from the council for the tax, but only two names are on it - mine and the guy I was paying my share to. I've been told that the council will pursue only one person at a time, and it's entirely up to them who they choose to pursue.

I have the home address of the other guy, and I also have the name and former employer of the other two. I'm going to try to get a copy of whatever information the estate agent has retained that might prove that there were other people resident there besides myself and the other guy.

So what would be the most sensible option here? Should I pay the full balance and attempt to recover costs from the other parties? If so should I use a debt collector, or simply go through the small claims courts? Should I contact the council explaining that I was one of 4 others and urge them to make contact with them?

It's "occupiers" who are liable for council tax whether they are named on a tenancy agreement or not. The council is right to say that all "occupiers" are jointly responsible for the debt which means they can pursue any one of you for the whole bill in theory

In your case only two people were named on the council tax bill but that doesn't mean the other real "occupiers" weren't liable. The best way forward is for you to grass them up to the council tax department using the ASTs as evidence and providing the council with their current whereabouts. The council can then re-issue the account retrospectively with the other "occupiers" registered on the bill and then chase them all individually if they're motivated to do that. If you pay all the bill now then what motivation will the council have to chase these people who did a runner

If the council tax department refuses to listen to your request make a formal complaint and then (if necessary) you can take that all the way to the Local Government Ombudsman. Here's how you can do it:

http://www.lgo.org.uk/making-a-complaint/

Also check whether your rental agent agreed to provide the utility companies and council tax department with the necessary information (some do some don't). If they messed up then you may be able to pursue them for this council tax debt if they were negligent or in breach of contract

[one_bullet_lef]

Re: I am a former joint tenant with an unexpected council tax bill

Also check whether your rental agent agreed to provide the utility companies and council tax department with the necessary information (some do some don't). If they messed up then you may be able to pursue them for this council tax debt if they were negligent or in breach of contract

Well, I can say for certain that I never recieved any mail from the council while I was there asking me personally to set up an account, and as far as I know, nor did anyone else. So if the estate agents were required to alert the council, they didn't fulfill that obligation.

The good news here is, I've managed to get in contact with my former housemate, and we've come to an agreement to pay 50% shares of the bill monthly. The only hurdle now is in encouraging the council to accept this arrangement, as they can sometimes be somewhat rigid when it comes to accounts and payments.

Thankyou all for your advice. Very much appreciated.

[PlanB]

Re: I am a former joint tenant with an unexpected council tax bill

I've managed to get in contact with my former housemate, and we've come to an agreement to pay 50% shares of the bill monthly.

Hang on a minute, what about Housemate No 3 and Housemate No 4 who paid zilch towards the council tax bill; and the one you already paid your share of council tax to but he didn't pass it on