Infernal council tax bastards

[TheMonkey]

Well here goes:

1. I decided to walk out on my private rental because it is a dump, its damp, is mouse (and now rat) infested, has immigrants living behind who throw raw chicken gibs out on the pavement outside our window and the guy next door likes to wave his knife at me on the way to work. Photo evidence of all problems available, 18 reported health and safety violations on the council's computer and 4 crime reference numbers available.

2. I phoned up the council and said "I'm moving out and want to stop paying council tax". I was told that I can't stop paying until the END of the tenancy (November!) and slammed the phone down on me.

3. I got a summons this morning for non payment for the WHOLE amount of £1049 until March 2007, even though I've paid reliably monthly until that date. The letter says they will be taking proceedings to declare me bankrupt on the 1st of August if I have not paid by then.

WHY!!!!! ARGH!!!!! WHAT THE HELL ARE THEY THINKING!!!!!

[Lucifer Box]

I'm afraid they've got you bang to rights. You walked without formally terminating the tenancy arrangement so you and you alone are responsible for the council tax payments until the end of the lease. The fact you didn't like your neighbours has no bearing on it.

[BobTheCrate]

I have an enormous empathy with your anger.

Have you considered burning the council's f****** offices down to the ground

Even if it didn't work it wouldn't half make you feel better.

[TheMonkey]

I'm afraid they've got you bang to rights. You walked without formally terminating the tenancy arrangement so you and you alone are responsible for the council tax payments until the end of the lease. The fact you didn't like your neighbours has no bearing on it.

I seeeeee. The landlord has agreed to cease early but won't document it. If they get another tennant in though, two people will be paying the council tax?!? Is that legal?

I have an enormous empathy with your anger.

Have you considered burning the council's f****** offices down to the ground

Even if it didn't work it wouldn't half make you feel better.

Yes - I'm mixing the thermite now.

The whole system reminds me of the film Brazil.

[AtW]

Some councils always sue for single miss in payments.

Stopping payments is not excuse in court's eyes, and you certainly should have terminated tenancy properly - now this is a private rental and therefore its not up to council to decide when tenancy expires or not, so as far as they should be concerned its the point when you move out of the house and your tenancy is up.

[TheMonkey]

Some councils always sue for single miss in payments.

Stopping payments is not excuse in court's eyes, and you certainly should have terminated tenancy properly - now this is a private rental and therefore its not up to council to decide when tenancy expires or not, so as far as they should be concerned its the point when you move out of the house and your tenancy is up.

I've not stopped payments - I've paid reliably since day one. They are asking for the whole amount as a defensive measure with "immesurable damages to yourself if you do not pay", which I'm sure is illegal. It's threatening!

The landlord and myself have decided to terminate mutually but they have not contacted the council to tell them that it has expired so we're bound as far as their terms go to when they notified the council of the renewal.

What worries me is that if the landlord gets someone else in the property, what happens to my council tax payments. Do the new tennants have to pay council tax as well as us? If so that is profiteering isn't it!

[The Lone Gunman]

I've not stopped payments - I've paid reliably since day one. They are asking for the whole amount as a defensive measure with "immesurable damages to yourself if you do not pay", which I'm sure is illegal. It's threatening!

The landlord and myself have decided to terminate mutually but they have not contacted the council to tell them that it has expired so we're bound as far as their terms go to when they notified the council of the renewal.

What worries me is that if the landlord gets someone else in the property, what happens to my council tax payments. Do the new tennants have to pay council tax as well as us? If so that is profiteering isn't it!

Get legal advice.
I am sure Council tax can not be charged if you are not resident, though if you are legally the tenant that might not be the case, but you should surely be getting a discount for a "second residence".

[AtW]

They should not be able to demand full amount, unless you did not pay installment.

If you agreed to terminate tenancy mutually then this is it - you are not liable. But of course you did not have it in writing? So long as landlord confirms tenancy was terminated the council cant get you to pay money unless they prove you actually lived there. I presume you also stopped contracts with utilities like water company around the time your contract was terminated? This could be used in court for defence even if landlord denies tenancy expired.

Anyhow go to Citizens Advice Buroau (?) they should help with legal advice.

[Lucifer Box]

Well, they're not just going to take your word for it that the lease has been terminated. Without documentary proof they simply won't believe you (and rightly so). If you can't get the landlord to sign something agreeing the lease has been terminated, as far as the council are concerned it hasn't.

I'm sure that when any new tennants (if any) are paying, you will be able to claim a refund, but no doubt that is horrendously inefficient and will take years.

In a nutshell, the onus is on you to prove you're no longer the tenant.

[TheMonkey]

They should not be able to demand full amount, unless you did not pay installment.

Which I did and have the e-capita payment receipt

If you agreed to terminate tenancy mutually then this is it - you are not liable. But of course you did not have it in writing? So long as landlord confirms tenancy was terminated the council cant get you to pay money unless they prove you actually lived there. I presume you also stopped contracts with utilities like water company around the time your contract was terminated? This could be used in court for defence even if landlord denies tenancy expired.

Anyhow go to Citizens Advice Buroau (?) they should help with legal advice.

I've called the landlord. He's not talking to the council because they have ****ed him over on something council tax related but he's dropping me a termination letter in the post but apparently the council won't accept this unless he writes them a letter. Lovely.

Utilities all cancelled successfully! Can't got to CAB - they are never bloody open and never have clue on site.

I'll just write them a letter threatening to sue them. Usually works.