bailiffs for unpaid council tax

[colindale]

I'm quite new to this game. When my tenants moved into my newly built flat with a 12 month AST agreement, I phoned the Council to inform them. The tenants assured me they had put the council tax in their name and I niavely believed them. 15 months later and the tenants have moved out, and I picked up a letter addressed to me from a Bailiff giving me 7 days notice to pay £1700 unpaid council tax costs. Now I am worried that it was my liability to ensure the tenants were registered as I can't provide proof that I registered them. HOwever, I do have the tenancy agreement, electricity bills in their name etc. The problem is too, I understand you cannot negotiate with the Bailiffs - it has gone too far. How can I prove that I never received any earlier notices (which I didn't as they went to the rented flat and the tenants obviously just threw them out.)
Anyway with the same experience that can advise?
Thank you.

[MrShed]

This link may help somewhat(it is for my local region but I am guessing the same or very similar applies everywhere).

http://www.newcastle.gov.uk/welfr.nsf/a/DebtFS8

In particular read "What are baliffs used for" - should help you to put them off. However, this is only obviously a short term solution, as they could then use another method of reclaiming, such as direct deduction from your wages. Someone else I'm sure will be able to help you more.

[Tax Accountant]

I don't believe you have any legal obligation to ensure that the tenants were registered by the Council. You ahve the AST and the utility bills in tenants' names. Presumably you will also be able to show receipt of rents from the tenants if necessary.

I suggest that you write a letter by special delivery to your local council enclosing all the evidence you have, including a copy of the AST. Tell them to log this matter as a formal complaint under their complaints procedure. Ensure to head your letter with 'FORMAL COMPLAINT' in capitals. This will make them treat your matter with due respect rather then consigning it to the nearest dustbin. Tell them that you are not responsible for the council tax and that if you suffer any damage to your property or to your personal credit history, you will pass this to your solicitors and hold them responsible for all costs and damages.

Insist on a written reply to confirm the position and ensure you receive this. If necessry keep 'upping' your complaint to the higher levels until you are satisfied that the matter has been resolved to your satisfaction.

Ramnik

[colindale]

Thank you for your helpful replies. I have taken up your advice. I do hope it is a relatively simple process (I do have all the evidence). I shall let you know how I got on in case anyone else finds themselves in the same position.
Thanks again.

[Tax Accountant]

Thank you for your helpful replies. I have taken up your advice. I do hope it is a relatively simple process (I do have all the evidence). I shall let you know how I got on in case anyone else finds themselves in the same position.
Thanks again.

You are welcome and good luck.

Ramnik

[P.Pilcher]

Just to add that I have had a similar case, but it didn't get as far as bailiffs trying to enforce a court action as I caught it when summonsed to the county court. I telephoned the council and after waiting for the usual age whinged in no uncertain manner. A faxed copy of the appropriate AST which stated that the tenant was responsible for council tax, and then a further telephone call to make sure it had been received resolved the matter.

P.P.

[shanks001]

I had a previous experience of a similar problem, however once i sent them a copy of a tenancy agreement it was resolved fairly quickly ..... i now make sure any registering i do for new tenants is done via email or fax keepin copies of them with the tenancy agreements. also i add my correspondance address and telephone number with the property that way if for some reason the council do not register the tenant they can contact me long before baliffs are needed.

[Tax Accountant]

I had a previous experience of a similar problem, however once i sent them a copy of a tenancy agreement it was resolved fairly quickly ..... i now make sure any registering i do for new tenants is done via email or fax keepin copies of them with the tenancy agreements. also i add my correspondance address and telephone number with the property that way if for some reason the council do not register the tenant they can contact me long before baliffs are needed.

Good idea. Thank you.

Ramnik

[colindale]

I said I would feedback so just to say that when I gave all the documents to the Housing Office, it was fairly swiftly and easily sorted out. A lot of worry for nothing. But yes, definitely worth registering your tenant (you can do it online with most councils) and the AST agreement was essential.
Thanks - great forum by the way.