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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have lived in a property for around 5 yrs now...I have contacted

Resolved Question:

I have lived in a property for around 5 yrs now...I have contacted the council on several occasions concerning council tax enrolement ...but the council are saying they have no record of the building I am living in...I am worried what they will do when they find out that I have been living here without paying council tax...what will they do?...and what can I do to avoid any serious action?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Please let me know for now whether the Council have confirmed their position in writing please?

Customer:

no they have not....I received a letter from the valuation joint board today, requesting to arrange a valuation of the property for council tax payment purposes

Alex Watts :

Ok - do you have any evidence that the council said they have no record and are not liable?

Customer:

I have no evidence...I was only calling them by phone

Customer:

I want to pay council tax...but worried what will happen now

Alex Watts :

Do you know how many times and when?

Customer:

3 times...the last one being about a year or so ago....I just gave up

Alex Watts :

Ok - well that is good news.

Alex Watts :

You will get valued and then liable for Council Tax.

Customer:

why?

Customer:

ok

Alex Watts :

But that should just be for the period they say you are liable from

Alex Watts :

If they try and bill you before hand you can claim a legitimate expectation. That is they represented you were not liable and therefore can not go back and claim for historic purposes

Customer:

is that from now then?

Alex Watts :

If they try to you can appeal it such as going to the Ombudsman or seek a Judicial Review of the decision

Alex Watts :

I suspect yes from now on

Alex Watts :

Clearly people are liable for Council tax for peroperties

Customer:

so what you are saying is that I pay the council tax from now?

Customer:

and the past is forgotten?

Alex Watts :

Yes

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

but can they not find information to prove I have lived here for a long time?

Alex Watts :

Even if they can then you can rely on the conversations you had saying at that point you were not liable

Customer:

surely the council tax form asks how long I have lived here for

Alex Watts :

They may do but they also said that you were not liable for Council Tax as they couldn't find you

Alex Watts :

Therefore you can rely on those representations as a legitimate expectation

Customer:

they just said they couldn't find my building on their records

Alex Watts :

Indeed, that's not your fault

Customer:

so...on the form..do I put that ive lived here for 5 yrs?

Alex Watts :

If that is how long you have lived there for yes

Customer:

ok

Customer:

one last question

Alex Watts :

Sure

Customer:

when I send the form...do the council look into other information etc...for example how long ive been with suppliers like Scottish power...and do they look into who I bank with etc?

Alex Watts :

Unlikely in this situation, that power is only to do with Housing Benefit payments.

Alex Watts :

Of course they can look on the electors roll or do a credit search

Customer:

ok...well they would find me on a credit search as I have had cars on financ

Customer:

ok...thanks for your help

Ash and other Law Specialists are ready to help you