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bigduckontax, Accountant
Category: Tax
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Council Tax: I am being asked by Edinburgh Council to pay

Customer Question

Council Tax:
I am being asked by Edinburgh Council to pay my tenants Council Tax going back as much as 20 years.
Though the tenants did register, because I saw the bills in their name, I was not aware of the arrears.
The flat was occupied by up to 5 residents but considered by the Council on inspection to be a Shared Flat (thereby the Tax the tenants responsibility) as there were not locks on their respective bedroom doors.
Submitted: 3 years ago.
Category: Tax
Expert:  bigduckontax replied 3 years ago.

Hello, I'm Keith and happy to help you with your question.

Edinburgh Council should know better. The Scots Law is:

'The relevant law is contained in the Prescription and Limitation (Scotland) Act 1973. The prescriptive period for debt recovery is 5 years under s.6 and Schedule 1.'

Furthermore, if the Council has stated that the tenants are responsible for the payment of Council Tax, why are they applying to you for recompence? This looks to me like a typical local authority 'try on' and should be most vigorously defended.

It may be adviseable to consult a trusted, local solicitor in this matter.