Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
The Council tax is a liability for the INDIVIDUALS who reside
It is only where there is a live in Landlord or its a house of HMO that a Landlord would be responsible.
Apart from the above the tenants are liable
You can't stop the other tenant being summonsed as they are JOINTLY responsible
But you are NOT liable as Landlord
Can I clarify anything for you about this today please?
I am already aware of the fact that I am not liable. It is not about liability but about helping someone to deal with a particular situation that has come about because of how the council's tax departments administer council tax allocation to properties. This tenant could be my son, or even your son, and because of no fault of his he could unwittingly find himself having to facing a summons and suddenly be on the wrong side of the law...that is of a concern to me personally. My other concern is more about the raising a summons for the rough tenant and how I can get this set aside legally, whilst in the process of endeavouring to serve the summons
If the tenant is joint and shares then they are joint and severally liablke
This means they are BOTH jointly liable
You can't protect that tenant
If they shared they are jointly liable - you can't get around that
This is a matter of dispute and resolution between the two tenants'
I know it appears wrong but this is a dispute between two tenants.
I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest
Hi Alex Basically, how does the tenant resolve this dispute himself? What action within the law can the tenant take in order to protect himself from this incongruous situation? Regards John
He does not have a forwarding address. If we knew his address I would be pursueing him for unpaid rent
Can I purchase or buy the council debt from the tenant and deal directly with the council tax department myself.That way I will issue a summons and employee a private detective agency to serve the summons upon the rough tenant.