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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wonder if you can help me, I brought a property back In 2004,

Customer Question

I wonder if you can help me, I brought a property back In 2004, on a buy to let mortgage, I rented the property out and then I sold the property exactly 2 years after in 2006, had kind of forgotten all about this property, when out of the blue in 2012, I received council tax bills for the years it was in my ownership, I was slightly shocked as this property was rented out for the entirety of me owning it and the tenants were liable to pay their own council tax so i contacted the local authority, I was told they required proof this property was rented, I sent them copies of tenancy agreements, copies of letters from the tenant to me and vice versa, I was also told if they couldnt trace the tenants they would make me liable. Can they do this ? Also and more worrying is bailiffs have turned up at my wife's house threatening to take my wifes car etc etc I don't live at this property, this is not my debt and it definitely isn't my wife's debt, these bailiffs are using very threatening behaviour how can I get this stopped ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was it a HMO house or regular single family dwelling please?

Customer : It was a self contained flat within a building, the building was originally one whole dwelling which had been converted into flats
Alex Watts :

Then as long as you provide evidence that it was rented, as Landlord you are NOT liable.

Alex Watts :

If it was a HMO then you would be.

Alex Watts :

But as a regular Landlord you are NOT liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer : The council did requeste a forwarding address for the tenants which we don't have now, as this was many years ago. What I am trying to stop is the Baliffs turning up a my wife's house and trying to remove her car, my daughters also live there, my estranged wife contacted me saying they were very intimidating, this is wha I need to stop,
Alex Watts :

Its not your debt - you are not liable. You are not responsible in law for a forwarding address

Alex Watts :

Does this help?

Customer : If that's the case and I am not liable , how do I stop the Bailiffs turning up, should I get a letter from a solicitor and send to the council
Alex Watts :

You need to contact the Court that granted the order and apply to have the liability order set aside

Alex Watts :

Or complain to the Chief Officers office of the Council.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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