Summonsed for none payment of council tax

[Sandra6]

That's a first I could've done without.
I'm a month behind with council tax for our empty property which we're trying to sell.
I got a warning in December, rang them, made a payment and explained the problem with the house not selling. They suggested direct debit,because then the payments could run on till the end of the year rather than having the "free" months in Feb and March. Then they never sent me the forms.
Instead they sent me a final demand last month.
I rang them and said I could pay £53, and did. Now they've summonsed me and added on £60 to the remaining £106.
I thought when you paid off a bit of a debt they had to send a new bill for the remainder before they could summons you, apparently not.
I seriously object to paying council tax for a house that doesn't even get its bin emptied! It's not my fault nobody wants to buy it.
Anyway, I will pay off the balance before the court date - the option they've given - but does anyone know if there's anyway to get out of paying the "additional costs"?

 

[Brains]

I'm a landlord, I have properties in three different council areas.
All of the properties from time to time have void periods, sometimes if I'm upgrading them, for several months.
In the case of all of my local councils, if the property is empty then there is nothing to pay as no services are being used.

I always offer to pay for void periods as I understand it messes up their accounting systems to have 'gaps' but I don't think I've ever had to actually pay anything
Having said which, it may be because have have 'previous', so they know that the property will be occupied, usually within days or weeks, and I give them all the details of the next tenants

As for late payments, if you pay off the outstanding amount, less any penalty they may have added, it would be very unlikely that a council would chase for this as it's simply not worth the paper, time or effort. So they simply write off the penalties, as the threat has achieved its result.

 

[ASC1951]

I'm a landlord, I have properties in three different council areas.
All of the properties from time to time have void periods, sometimes if I'm upgrading them, for several months.
In the case of all of my local councils, if the property is empty then there is nothing to pay as no services are being used.

That is only the case for the first six months. After that you can only get a reduced or nil rate if it is undergoing structural work and is untenantable in the meantime. The rules are summarised here
https://www.gov.uk/council-tax/second-homes-and-empty-properties

As for late payments, if you pay off the outstanding amount, less any penalty they may have added, it would be very unlikely that a council would chase for this as it's simply not worth the paper, time or effort. So they simply write off the penalties, as the threat has achieved its result.

Depends how far it has gone. If it is in the hands of the bailiffs i.e. after a court hearing, the odious Rossendales will pursue their grannies for a fiver. At your expense.

Going back to Sandra6's original question -

Anyway, I will pay off the balance before the court date - the option they've given - but does anyone know if there's anyway to get out of paying the "additional costs"?

- if you can show that they shouldn't have sent you the bill at all, or a bill for a lesser amount, they will withdraw all the costs, even though they are arguably entitled to some of them;
- if you pay after the summons but before the hearing, they will still want the costs of issue but not the hearing and judgement costs.
If it was me, I would pay the balance of the claim plus the costs of issue.

 

[gbb]

I found myself in a similar position years ago, just a late payment, and despite years of being a prompt payer, they promptly put it to court.
By the time I'd got the letter I'd paid the outstanding amount so I phoned the council...but they informed me the summons was issued and I'd be liable for the costs. I couldn't (at the time) contact the courts to verify that, so I put up and shut up.

 

[BigonaBianchi]

One of my tenants got into arrears at his previous address and the baliffs arrived at my place to recove rhis debts...they tried to take an inventory of my stuff before i threw the pillock out...
the council tax rates are excessive ...and they employ gestapo to police it...when i am prime minister I'll re allocate council tax to car drivers only...actually no scrub that...convicted bad drivers...so each time one of them breaks the law their council tax takes a huge hike.

 

[Over The Hill]

I have had tenants leave a property in July (so only 3 months council tax owing) but then found they had not paid by getting the letter from the debt recovery firm with the council chasing for the whole years council tax!! That is rather fast work and they were chasing for sums I had legitimately not paid on my own house.

 

[Sandra6]

Thanks for the replies.
I will try and argue the toss but have the cash ready -just in case! I've got till the 21st to pay up to avoid court.

 

[gbb]

Thanks for the replies.
I will try and argue the toss but have the cash ready -just in case! I've got till the 21st to pay up to avoid court.

I was told at the time of my case, payment doesn't stop the costs being incurred, that's why I still had to pay the costs, even the case would be dropped in court. Either way, you pay the costs.

 

[davester65]

Different local authorities must have different rulings. I live in Hull and over here if you own a second property you only have to pay council tax on it if it is furnished, if it's just a house with empty rooms then you don't.

 

[Milo]

You want to start a Holiday home with inflatable furnishing you will be quids in.

 

[Linford]

If it is any consolation, (the value of) 1/3rd of the council tax payments you stump up each month goes towards the pension pots of the LA workers. So much for VFM