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Squatter Adverse Possession

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If a squatter, claims ownership of a council property after twelve years, and provides proof through utility bills, would he also, have to pay twelve years backdated Council tax?

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It appears any resident, even squatters, are liable. Strange how he/she could arrange utility bills for 12 years but not receive council tax demands.

Edited by carosio

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16 hours ago, poppet2 said:

If a squatter, claims ownership of a council property after twelve years, and provides proof through utility bills, would he also, have to pay twelve years backdated Council tax?

 

4 hours ago, carosio said:

It appears any resident, even squatters, are liable. Strange how he/she could arrange utility bills for 12 years but not receive council tax demands.

1. Not unless billed.

2. Yes.

The Local Government Finance Act 1988 introduced Council Tax and was replaced by the 1992 Act which, inter alia, provides a list of who has to pay.

See s.6 of the latter https://www.legislation.gov.uk/ukpga/1992/14/section/6 - extract below, with my underlining

 

Persons liable to pay council tax.

(1) The person who is liable to pay council tax in respect of any chargeable dwelling and any day is the person who falls within the first paragraph of subsection (2) below to apply, taking paragraph (a) of that subsection first, paragraph (b) next, and so on.

(2) A person falls within this subsection in relation to any chargeable dwelling and any day if, on that day—

(a) he is a resident of the dwelling and has a freehold interest in the whole or any part of it;

(b) he is such a resident and has a leasehold interest in the whole or any part of the dwelling which is not inferior to another such interest held by another such resident;

(c) he is both such a resident and a statutory, secure or introductory tenant of the whole or any part of the dwelling;

(d) he is such a resident and has a contractual licence to occupy the whole or any part of the dwelling;

(e) he is such a resident; or

(f) he is the owner of the dwelling.

(3) Where, in relation to any chargeable dwelling and any day, two or more persons fall within the first paragraph of subsection (2) above to apply, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.

(4) Subsection (3) above shall not apply as respects any day on which one or more of the persons there mentioned fall to be disregarded for the purposes of discount by virtue of paragraph 2 (severely mentally impaired) or 4 (students etc.) of Schedule 1 to this Act and one or more of them do not; and liability to pay the council tax in respect of the dwelling and that day shall be determined as follows—

(a) if only one of those persons does not fall to be so disregarded, he shall be solely liable;

(b) if two or more of those persons do not fall to be so disregarded, they shall each be jointly and severally liable...

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But no doubt, the statue of limitation act, will only require the resident to pay only six years of the twelve years council tax. 

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On 27/06/2021 at 09:41, carosio said:

It appears any resident, even squatters, are liable. Strange how he/she could arrange utility bills for 12 years but not receive council tax demands.

Believe it or not, it really isn't that uncommon for councils, not to know just how many properties they own. 

Edited by poppet2

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True- although registration at HMLR will make the task rather easier.

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