Council Tax – Liable Party

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  • #20584
    Clare Easson
    Participant

    A property is jointly owned and we were advised by one of the joint owners that the property was empty and unfurnished. The account is in joint names with EMP for 6 months, 50 % for 6 months and 10 % thereafter.

    The other joint owner has since contacted us and advised that the other owner is storing furniture in the property and she does not think she should be held jointly liable for the Council Tax as she is not using the property. (please note they are not on speaking terms)

    Should they remain jointly liable or should the owner using the property for storage be liable on their own?

    #3218
    gerryg
    Participant

    Hi there

    Section 6(2) of the LGFA92 is quite clear that where there is no one resident in the dwelling then the owner becomes the person liable for the council tax (6(2)(f))

    Section 6(3) provides that if 2 or more people fall in the same level of the heirarchy then they shall be jointly and severally liable to pay the council tax.

    It’s unfortunate for your person but the law doesn’t allow for this type of situation. They don’t really have much choice but to start speaking to each other.

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