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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9346
Experience:  I have been practising for 30 years.
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We have ever received a rates demand premises we are in (14

Resolved Question:

We have ever received a rates demand for the premises we are in (14 years) but we received a call from the HM Property valuation team today, they said that they will be coming to carry out a rating assessment on behalf of council, I was wondering how far back they can demand?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  F E Smith replied 1 year ago.

Unfortunately, rates is money owed to the local authority and the local authority is an emanation of the government and the Crown. The Limitation Act 1980 does not apply to money owed to the Crown. It can go back as far as it likes.

You will have been aware that you were not paying rates for the last 14 years and hence, the council’s view is that you should pay.

However the courts don’t necessarily take the same view and the leading case here is this one.

http://swarb.co.uk/encon-insulation-ltd-v-nottingham-city-council-admn-9-jun-1999/

in which the defendant relied on Regulation five of the Collection and Enforcement Regulations which says that a bill must be issued as soon as practicable.

The law has moved on slightly as you will read here http://www.jpscrafton.com/backdated_rates_bills.html

but actually citing the Encon case at the ratings department collections department when you do get a bill would be a good start.

You can also make a complaint to the Local Government Ombudsman about the local authorities failure to provide you with a bill for 14 years.

Can I clarify anything for you? Please do not forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES

Expert:  F E Smith replied 1 year ago.

Unfortunately, rates is money owed to the local authority and the local authority is an emanation of the government and the Crown. The Limitation Act 1980 does not apply to money owed to the Crown. It can go back as far as it likes.

You will have been aware that you were not paying rates for the last 14 years and hence, the council’s view is that you should pay.

However the courts don’t necessarily take the same view and the leading case here is this one.

http://swarb.co.uk/encon-insulation-ltd-v-nottingham-city-council-admn-9-jun-1999/

in which the defendant relied on Regulation five of the Collection and Enforcement Regulations which says that a bill must be issued as soon as practicable.

The law has moved on slightly as you will read here http://www.jpscrafton.com/backdated_rates_bills.html

but actually citing the Encon case at the ratings department collections department when you do get a bill would be a good start.

You can also make a complaint to the Local Government Ombudsman about the local authorities failure to provide you with a bill for 14 years.

Can I clarify anything for you? Please do not forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES

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