How to defend against a charging order for council tax?

[kennykenken]

How to defend against a charging order for council tax?

 

I have been renting out a three-bedroom property which I own to only single people. I prefer to do this because it means less wear and tear on my property. The council appear to view this with disdain and suspicion.

 

The council tax department have always been notified of when a tenant moves in and when a tenant moves out. For some unknown reason the council classify the property to be empty. This is despite tenants registering for council tax and paying council tax.

 

Previous tenants council tax accounts were successfully opened but then cancelled by the council. No explanation was given.

 

To cut a long story short. The council managed to obtain a charging order against my property. I've since received a letter demanding I pay £4,700 in council tax within 21 days otherwise my property will be forcefully sold.

 

How do I defend myself from a corrupt a council which fails to update its records? What else should future tenants do to prove they are living at the property?

 

Previous tenants wrote letters registering for council tax. Supplied utility statements and voting registration evidence. I want to ensure that the council accepts that tenants have lived and do live at the property.

 

What steps should I take to challenge the charging order?

[caro]

If the council have a CO they must have been to court. Did you defend the claim and attend court?

 

How long is it since the original court case?

[kennykenken]

Hi Caro,

 

No, I did not attend court because I was not aware of it. The judgement was obtained in December 2014.

[caro]

Seems to me you should apply to the court to oppose the sale.

 

Why didn't you know you were being taken to court?

 

Is the house properly registered for multiple occupation?

 

I'm just asking questions to get a fuller picture for those with more knowledge than me to advise.

[kennykenken]

Although I own the property, I don't live at the property. I live elsewhere.

 

The council sent all of the information regarding the court case to the property which I rent.

 

I have always advised tenants to return all mail which is not addressed to them back to the sender. I guess I need to review this because I wasn't expecting any of this to happen.

[citizenB]

Surely they must have a record of Council tax being paid at that address ?

[ploddertom]

Is the property rented out to just 1 person or are you renting out individual rooms & if so how many? Have you provided the Council with forwarding addresses for all those who have moved?

[id6052]

it sounds as if the property may be classed as a house of multiple occupation

 

if so, the landlord is responsible for paying the Council Tax (not the tenants)