council tax

[selaw]

my son rented a flat with his girlfriend, both names were on the tennacy agreament for the flat. it was agread that my son would pay rent/gas /electric/water and she would pay the council tax. they gave up the flat after 6 months as he was made redundent.he came to live home she went home to her parents.3 months later no job so he has gone abroad on a 12 month work visa and the three months later letter comes in here she never paid council tax. i phone the council and explained sittuation and gave them ex girlfriends new address .today i get a phone call from a ballif saying my son is liable for this because she was onl 17 and half so is not liable to pay it .she turned 18 6 weeks prior to moving out. can anyone advise as i do not have the cash to lay out

[Pigletion]

Was she in full-time education? If so, she wouldn't have to pay, although your son would have to pay. Not sure if it is applicable here, just thought I'd let you know.

Also here, Citizen's Advice Bureau, http://www.adviceguide.org.uk/nm/index/family_parent/housing/young_people_and_housing.htm says under 18's do not pay council tax..

http://www.adviceguide.org.uk/index/life/tax/council_tax.htm this confirms it. It appears your son is solely liable.

If either of the above, then she is not liable to pay, but your son may be able to get a 25% discount as a sole occupier. He isn't actually, but he is the sole occupier liable to pay the council tax. We had this situation at college where one working person lived with two students and they got 25% discount on sole occupier basis (as students don't have to pay, although do need exemption certificate from place of education).

Once 18 though, she would have to pay, so for those six weeks, your son would not get a discount and the full amount due on the property would have to be paid.

Hope this explains it.

[selaw]

hi there thankyou for that info . she was working all the time she lived there does that make a difference

[ummmm]

You don't have to pay it.

[Pigletion]

no, until she is actually 18, she doesn't have to pay - you are disregarded whilst you are 17, so your son was in effect a sole occupier. Therefore your son has to pay (as in is liable by law) up until her 18th birthday, should get 25% discount for this period. Then for the last six weeks, they are both liable.

Obviously one would hope she would contribute something if she said she was going to, but she can only be chased for the 6 weeks worth following her 18th birthday.

[Pigletion]

Ummm is correct, you don't have to pay it, your son does. He appears to not live with you.

[selaw]

but the ballifs are saying this is his last registered address so they will come in even though he is not in contry till mid next year .its not fare that he paid all his bills in full and she left this and is not liable even though she was working

[ummmm]

The Bailiffs can't touch you. Just tell them he doesn't live there and nothing he owns is stored there.

It's a bit of a shit but she's not seen as an adult. My daughter's 17....god forbid someone treated her like an adult....she's clueless (in a nice way)

[Pigletion]

It might be worth speaking to your local CAB, as they will be familiar with the local council (assuming your son was local). You usually get the option to pay by installments, though this is forfeited if you don't pay, though they may let you pay this way then at least they get their money.

The CAB might also be able to give advice about the bailiffs. I don't think they can use the last known address thing, as that would mean anyone could be liable for anyone who had once lived in their house. The person is liable, not the address. I would contact the council and ask them about this, as for the bailiffs to have your address, they should have sent payment reminders to that address. If your son has not received any reminders, how could this be his address?

I agree it is wrong she hasn't given your son anything. Are they still in contact? Do you know her parents?

[Pigletion]

yes, do not let bailiffs in. Make sure no windows or doors are open. Speak to them calmly through letter box/closed window and show them a driving licence/passport that shows you are not your son (just hold it up to the window).

Trying to speak to the council calmly and offering a payment plan may be you best bet. Although it is your son's debt, so it might be better coming from him.

Might help http://www.consumeractiongroup.co.uk/forum/general-debt-issues/44889-council-tax-bailiffs-please.html

[Pigletion]

This might help

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013198

[selaw]

thankyou you both 4 your kind advise . the first letter i got was when i made the call to the council to expalin situation and gave girlfriend address that is the last we have herd till now. they have nothing to do with each other at all now this is what made him leave the country. how do or can i prove he is not here hes not on eletorial roll fot 2 years. they are also saying because the ballifs made 4 visits to ex girlfriend house he has to pay that to anothere £350 on top . how can it take 4 visits to find out her age ect

[Pigletion]

Try CAB, they might be able to assist putting payment plan in place. Or try talking to the council directly.

They often add interest and costs to payments, so it's worth getting it sorted. Just tell any bailiffs that you're not your son, he doesn't live there and hasn't for X months. They also can not take your stuff, only your sons. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/107376-what-bailiffs-can-cant.html

I hope you get it sorted