Council tax

Former Member

A friend of mine lived with his mother in her flat until recently, when she moved out. Since then, he lives alone in his mother's flat, which she still owns outright. The council have changed the name on the council tax bill from hers to his - and are now demanding that he pay the council tax for the flat. My friend is refusing to pay it because he believes that it's his mother's obligation to pay it, because it's her flat and he's neither a tenant nor the owner. She is also refusing to pay it because she says it's not her duty to pay it because she no longer lives there. There's no rent, mortgage, landlord, lease, arrears, joint account or any legal agreement between him and her in regard to anything. He is currently the only person on the electoral register at the address. Who is legally obliged to pay the council tax on the flat in question?

Maisy

I don't know a whole lot about council tax. But if your friend's mother moved out, she should've notified the council about change of address. Since your friend was living there, she may have had to confirm that he would still be living there, though she moved out. This maybe why the council put his name down for the council tax. I would guess that if your friend's mother hasn't confirmed change of address that she is liable, otherwise he is. But best to check with the council or citizens advice.

Former Member

The council are fully aware of the situation. Both my friend and his mother have told the council that he now lives alone in her flat and that she lives elsewhere. That's why the bill is in his name. Who lives where isn't in dispute. The issue is whether or not someone can be legally responsible for council tax on a property which he is neither the owner nor a tenant of.

Does anyone have experience of this sort of situation - or legal knowledge of it?

Maisy

It depends. If his mother still owns the property, then she may have to pay, depending on certain things. Otherwise, if he is adult and living there, regardless of whether his mother owns it, he will have to pay. At least that's what I gathered from this: https://www.citizensadvice.org.uk/wa...council-tax-w/

Former Member

You could argue that he's 4. in the hierarchy of liability, but does being a licensee have to be a formal agreement? There's no agreement between him and his mother - he simply continues to live in the house that he's lived in for years. His life's no different, except for the fact that his mother no longer lives there. He didn't have a say in the matter, so he's baffled as to how he can now be liable for the flat's council tax when he never had been before.

Maisy

I don't suppose it needs to be a formal agreement. Either way, they should contact an advisor or someone who can help them personally with their situation.

Former Member

He doesn't want to go down the lawyers and court route. He's tried phoning Citizens' Advice many times, but couldn't get through.