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debt recovery

Submitted by stuart_hook on 5 July, 2010 - 15:11

Hi there,

 

Would anyone be able to tell me whether a Council Tax debt is considered a legitimate debt in the eyes of Enforced Sale Procedure under the Law of Property Act 1925?

Many thanks,

 

Stuart Hook

Empty Homes Officer

Swindon Borough Council

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Hi Stuart, As I understand it

Submitted by cethope on 5 July, 2010 - 16:42.

Hi Stuart,

As I understand it the answer is yes and no! Council Tax debt is a personal debt and the basis for using enforced sale is where there is a financial charge registered in part 2 of the local land charges register.

However, you can apply to the county county for a charging order to set the council tax debt against the title of the property. This translates the personal debt into a charge on the debtor's property and then the enforced sale procedure can be initiated. I am in the midst of doing our first enforced sale using council tax debt in East Devon so I am no expert but happy to share what I know if you need anything else (claire.hope@exeter.gov.uk)

Claire

 

Claire Hope Empty Homes Partnership Officer Exeter City Council

Many thanks Claire, that's

Submitted by stuart_hook on 8 July, 2010 - 14:13.

Many thanks Claire, that's very helpful indeed!

 

Kind regards,

 

Stuart