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Case 14 of 19 · Level 3

Council tax · a company tenant, a director's name

Whose bill is it?

Docketory's own files · about 15 minutes

The complaint

A property let to a company and run as short-stay accommodation had its council tax account in the director's own name. The account went to the council's enforcement agents against him personally, and an agent attended, asking for about £3,050. The next day he asked the council to review who was liable: the company held the tenancy, so the bill was the company's, not his. He also asked whether a property used this way should pay business rates rather than council tax at all.

The council's answer

The council registered him personally as the council tax payer from June of the first year to December of the second, on information the letting agent gave it for the landlord. When it reviewed the account, the tenancy agreement it held did not state that the tenant was a limited company, so it found him personally liable. Whether the property should pay business rates was for him to ask the Valuation Office Agency; the council would not ask on his behalf. When he sent his own copy of the agreement, the company's name on it was one word short: it left out "Limited". So the agreement alone did not show that a company held the tenancy. The council asked, within 14 days, for evidence that the company had paid the rent and the deposit, and said payment could not be held back while the question was decided.

Evidence in the file

  • Exhibit A · The agent's visit

    The enforcement agents' email: an agent had attended, and the sum asked for was about £3,050.

  • Exhibit B · How the name got there

    The council put the account in his name from June of the first year to December of the second, on what the letting agent told it for the landlord.

  • Exhibit C · His review request

    Sent the day after the visit: the company holds the tenancy, so the bill is the company's; and should this property be on business rates instead?

  • Exhibit D · The tenancy agreement

    It names the company as the tenant, but the company's name on it leaves out the word "Limited".

  • Exhibit E · The council's first answer

    Two months after his request: as the agreement did not state that the tenant was a limited company, he was personally liable. The business rates question was his to take to the Valuation Office Agency.

  • Exhibit F · The council's second answer

    Still no, for now. The agreement alone did not show a company held the tenancy. Evidence that the company paid the rent and the deposit, within 14 days. Payment could not wait.

  • Exhibit G · The hold

    A month after his request, the council put the account on hold at the agents while it looked, and asked for a full copy of the tenancy agreement signed by all parties.

Which way do you decide?

What is fair and reasonable is a judgement. The ombudsman gives one; people who read the same file often give another, and this game is about how people weigh the same facts, not about being right. Built from cases the Financial Ombudsman Service and other bodies have published, and from Docketory's own files, rewritten in our own words with every name removed. Docketory is not connected with any of them, and this game is not advice on your own case.

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