I am helping a client to challenge council tax liability for a council property. I am preparing a case to go to a valuation tribunal. My argument is that my client sought advice from the local housing office, and is adamant she gave written notice of her intention to terminate the tenancy and handed in the keys. The council say there is no record of this. She says the housing office were informed of her forwarding address, as she had moved from this address originally and the same officer had assisted her to get the flat. client informed utility companies of her removal, and took all her belongings from the flat. 18 months later client receives bailiffs notice for non payment of council tax. Council had apparently been sending all notices to client's mother's house (from whom she is estranged). Same office knew about this - she had been "thrown out" at the age of 17. Question - can client be held liable when she did all in her power to terminate the tenancy and held an honest belief that the tenancy had been terminated. Also, surely councils have duty of care to ensure tenants receive notices - if client had known earlier she would have acted. Client works in responsible position, has no debts, pays everything on time etc. Would make convincing witness.
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