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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have to go to the Magistrates Court on 2 June payment of

Customer Question

I have to go to the Magistrates Court on 2 June for non payment of Business rates. I will defend the case as the property was unfit for purpose, I rented for limited time, The electricty short circuited and I was without power for 20 days. I made no business trade whilst at the property only renovating then had to move out. If I do lose my case what is the consequence for the Limited Company and the effect on the directors if they do not pay the award. The Company is a none trading company.
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you with this.Is this just for a liability order or some other matter please?Did you rent the property from the Council?Alex
Customer: replied 6 months ago.
Hi,Sorry I've been working unable to take calls during the day. It appears you have not been able to address any of the points, as I am understanding you need more information.The court hearing is concerning unpaid Business Rates. The property was rented privately not from the council, but as you must know the Rates are due to the Council. I have sent photographs and mentioned the issues to the council, but they have not dealt with it. The person I was told to write to, sent the problem to the Rate Valuation Department. They called me but when discussing the situation, the department realised it was not their call but the decision to be taken by the council involved. Reverting back to the council, I had been informed the person responsible whom I formally wrote to had left. The next follow up was a demand to pay the Rates bill in full, thereafter the Magistrates Court Hearing on 2nd June. Therefore I am not sure if it concerns Liability.JC Kifun
Expert:  Ash replied 6 months ago.
Did your tenancy only last for 20 days, or did that continue?
Customer: replied 6 months ago.
Hi,The property was rented from 28 May -31 Aug 2015 but I was without complete power for 20 Days.I am prepared to fight the case, I do know not many have won their cases, when fighting Business rates, but I want to know the outcome of the Company and the effect on the Directors I we lost the case and did not pay the case outcome. The Company lost its contract with a third party company and therefore does not trade. The contract had not made funds as we were renovating the property and to be of a decent standard to accommodate any business as it was not secure or safe. The extent of the damage to the property was only known when the heavy rainfall came about in July 2015. The landlord knew he had to repair the asbestos roof, but never did until the power cut and I refused to pay any more rent.I want to prepare the Directors, as Disqualification or CCJ if a possible outcome of losing the case would cost the Directors their career, therefore could you please advise.Thank you.JC Kifun
Expert:  Ash replied 6 months ago.
I understand it was without power. What is your defence, just that it had no power, or you didnt trade?
Customer: replied 6 months ago.
You have not made any attempt to answer the original question concerning the effect on the Directors is the case lost in court. Answer to this question was all that was require not attempting to go through my defence. I like your statistics of 8571 ratings, however I would not form part of those ratings, due to my sentence just mentioned.
Expert:  Ash replied 6 months ago.
I am sorry you feel that way, but like when you go and see a Solicitor they need all the information in order to give you the correct, LEGAL answer. I can not do this without all the information.I need more information because at this stage I do not quite understand fully your question in order for me to give you the best advice.Is it just you want to know the outcome if you lose the case, or if not, perhaps you can elaborate so that I understand and can then help you.
Customer: replied 6 months ago.
Hi,Sorry I've been working unable to take calls during the day. It appears you have not been able to address any of the points, as I am understanding you need more information.The court hearing is concerning unpaid Business Rates. The property was rented privately not from the council, but as you must know the Rates are due to the Council. I have sent photographs and mentioned the issues to the council, but they have not dealt with it. The person I was told to write to, sent the problem to the Rate Valuation Department. They called me but when discussing the situation, the department realised it was not their call but the decision to be taken by the council involved. Reverting back to the council, I had been informed the person responsible whom I formally wrote to had left. The next follow up was a demand to pay the Rates bill in full, thereafter the Magistrates Court Hearing on 2nd June. Therefore I am not sure if it concerns Liability.
Expert:  Ash replied 6 months ago.
it will concern Liability only. You can contest the making of a Liability Order on 2nd June. However what I can say is that for a commercial property rates are generally payable even if the property is empty or not used. However relief for business is not the same as domestic. As a business owner you are entitled to:Small Business Rate Relief - Assisting small businessesCommunity and Amateur Sports Club Relief (CASC) - A reduction scheme available to registered sports clubs Charitable Relief - Assisting registered charities Rural Rate Relief - Assisting businesses in rural areas Transitional Relief - A scheme to help phase in the effects of a revaluationBusiness rates deferral - Get help to deal with the Retail Price Increase in your business rate billRetail relief - Help with business rates available to most types of retail propertyHardship relief - Help available for businesses facing hardshipFlooding relief - Help for those who have been affected by floodingHowever beyond that you are not entitled to relief. If the demand is in the name of the business then this does not affect you personally in any way. There will be no CCJ and you wont be disqualified as being a Director.Even if the rates were in your name personally you wouldnt get a CCJ as this is a Council debt in the Magistrates Court, there is no County Court Judgment.Can I clarify anything for you about this today please?Alex

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