Council Tax / Legal help please

[ChrisD.]

Can you give more context on point 4?

Sure.

I can't be bothered to type it out so I took some (poor) images on my iPhone. Don't know if there's an image limit on here so direct links to them.

http://j.imagehost.org/view/0083/IMG_0097

http://j.imagehost.org/view/0655/IMG_0098

May I ask what it is you do for a living?

 

[ChrisD.]

Nonetheless, this isn't going to end well - It's about time your girlfriend started finding somewhere else to live. Not entirely sure on the grounds of breaking a contract under these reasons (I don't do property law) but I'm sure there'll be someway to cancel it.

She lives with me now.

 

[mavers]

IANAL but unless its stated anywhere in her written contract that she has to pay a contribution to all bills then i they havent got a leg to stand on. Shes a student therefore no need to pay CT

I can understand their woe though... but if the guy is being annoying.. i'd just allow it, its not like he can do anything.

 

[Burnsy2023]

May I ask what it is you do for a living?

IT, so nothing legal based. I did do a few law modules at Uni and I know simple criminal law through the Police but I'm not a professional by any means.

Fini and Explicit are much better versed in this then I am, they might be kind enough to lend some advice.

 

[VaderDSL]

She signed saying she agrees that during the term she would pay the council tax, the council say she is exempt as she is a student, therefore she does not need to pay. That is my interpretation.

The other guy will have signed the same thing, he agrees to pay the council tax, but he is not exempt, so suck to be him, should have budgeted for it.

Again IANAL so please please go to the CAB

But at the end of the day, in my eyes the council tax exemption will override the tenancy agreement as the exemption is a direct thing between her and the council. They will go to the heirarchy rule or law whatever it is called to find the liable person and it will be the guy, he really does not have any reason to claim a third of the council tax.

 

[Ahleckz]

That contract says that the tenant is responsible for paying Council Tax, there's nothing in it about the % of paying what. Therefore, there isn't a case.
It could easily say:
5. In the instance where there are 3 persons staying within the property, the payments shall be assumed to be split equally amongst for the above costs.

It doesn't.
If the original guy can prove that a verbal agreement was made about her paying a third of the Council Tax then your girlfriend will be liable. Verbal contracts are hard to prove though.

I'm a 3rd year law student, if that helps. I could give you a breakdown of my legal argument for her not having to pay the tax but I have a shed load of work to do myself!

 

[JBuk]

but I have a shed load of work to do myself!

tut tut, ocuk is far more important

 

[ChrisD.]

Thanks for all your advice chaps. Going to see if anything turns up in the post, and then go from there if it does.

BTW, he's been withholding mail from her, pending payment of the bill in question and as soon as she mentioned to him that it's against the law, he quickly changed his tune, now saying that he hadn't had time to forward it.

 

[VaderDSL]

I'd probably advise against waiting round for anything, I know I'm a stuck record but you really need to perhaps start covering your gf (no!) by getting some advice from the CAB

http://www.citizensadvice.org.uk/index/getadvice.htm

 

[ChrisD.]

I'd probably advise against waiting round for anything, I know I'm a stuck record but you really need to perhaps start covering your gf (no!) by getting some advice from the CAB

http://www.citizensadvice.org.uk/index/getadvice.htm

She spoke to them today. All they said was that she is not liable for any council tax and some documentation is on its way. Not sure what exactly... I would ask her to call tomorrow but she's busy all day tomorrow and Friday.

 

[mavers]

Thanks for all your advice chaps. Going to see if anything turns up in the post, and then go from there if it does.

BTW, he's been withholding mail from her, pending payment of the bill in question and as soon as she mentioned to him that it's against the law, he quickly changed his tune, now saying that he hadn't had time to forward it.

If you go to the post office (sorting office?) and i think you can still get your mail forwarded to another address (only a tenner IIRC)

 

[kingy666]

edit: oops posted in the wrong thread!

Kinky666 how is it out of order that she does not have to pay? . There is no reason for them to pay council tax it is the least the goverment could do i reckon. If she was a phD student getting the same benefit then i would complain as phD students get so many tax reliefs and a semi decent salary whilst doing no work but as she is not i really cannot see the problem.

I think you should have another read of my post as i didn't say anything about her paying, i said all tax payers i.e. you me and everybody else in the U.K. who pays tax/ council tax should pay for her share of the council tax instead of making the other 2 people in that house to pay for it. that house has 3 people living in it and 1 person is exempt from paying for council tax and so a 33.3% discount should, in a perfect world, be given to the total amount. This would mean the other 2 people are not penalised for letting a student live with them.

 

[ChrisD.]

lol

Yeah she did that mate, some still slipped through the net. If he takes her to court for this then I will report him to the police for knowingly withholding mail (which is a crime iirc).

That sounds petty of me tbh. All I want to do is kick his teeth in but I know that won't solve anything.

 

[-Ad-]

It sounds like this is going to be a hassle.

But whatever happens she MUST NOT and DOES NOT have to pay. It really is that simple, as students in full time education at university are exempt from council tax. He can talk all teh legal crap he wants and try to spin what the contract says, but that term has been in all contracts, including student contracts whilst at uni. Standard stuff but it doesn't matter as students are exempt.

Wish I could add 'simples' to the end

This guy sounds like a right ****, but she might need some legal representation as you never know what may happen if this goes to court and she represents herself.

 

[bledd]

Its unfair but thats the way it goes, she exempt. They should have thought about that when they let hermove in.

Yup, if there are two of you and one is a student, then there's a 25% reduction for the other person

 

[xrs]

The guy acknowledges that your girlfriend does not have to pay council tax. He is claiming that there existed a verbal contract between you that stated that bills should have been split 3 ways (including council tax). In which case, a verbal contract will not stand up in a court of law. It is your word against his. So he's not going to get anything out of this. Its ridiculous.

 

[Deiwos]

Something I noticed which might give you some trouble (separate to the CT issue) is the outstanding rent. She signed a tenancy agreement saying she'll be in the property from x date but told her house mates she wouldn't pay until she moved in, 2 weeks later. Whilst that's all well and good between mates, in a situation like this where he's now kicking up a fuss, she hasn't got much in the way of a leg to stand on on that one, as the tenancy agreement will say she should be in the property at x date.

Again, I had this issue arise with my former housemates. One housemates family lived in London and he moved out in July. He tried to not pay rent saying he didn't live there any more, until we pointed out the contract was until August, so he was paying if he liked it or not.

 

[Wicksta]

Does she know where he works? If he's lying about their legal department representing him then they might be a bit annoyed about that. What sort of company is it?

 

[ChrisD.]

Something I noticed which might give you some trouble (separate to the CT issue) is the outstanding rent. She signed a tenancy agreement saying she'll be in the property from x date but told her house mates she wouldn't pay until she moved in, 2 weeks later. Whilst that's all well and good between mates, in a situation like this where he's now kicking up a fuss, she hasn't got much in the way of a leg to stand on on that one, as the tenancy agreement will say she should be in the property at x date.

Again, I had this issue arise with my former housemates. One housemates family lived in London and he moved out in July. He tried to not pay rent saying he didn't live there any more, until we pointed out the contract was until August, so he was paying if he liked it or not.

She didn't even know she owed it till the other week, the initial agreement was that she would pay rent till she moved in, which was two weeks after the contract.

If need be, I'll pay that rent for her before it goes to court (if it does).

Does she know where he works? If he's lying about their legal department representing him then they might be a bit annoyed about that. What sort of company is it?

Local website design company.

 

[Deiwos]

She didn't even know she owed it till the other week, the initial agreement was that she would pay rent till she moved in, which was two weeks after the contract.

If need be, I'll pay that rent for her before it goes to court (if it does).



Local website design company.

Like I said, just something to be wary of.

How big are the company? I doubt they even have their legal department (unless he's talking about HR?) if they're a smallish website design company, and very much doubt they'd give a rats ass about some employee whining about paying council tax.