Aldwych Legal represented Ms Kamiyer, a homeowner in Bradford who required advice from local government solicitors in Bradford, in a dispute over council tax arrears and a charging order application brought by Bradford Council. The case involved around £18,000 in arrears accrued over four years after Ms Kamiyer believed she was not liable for the charges on the property.
What Happened
Ms Kamiyer had not paid council tax for several years, convinced that the liability did not attach to the property. She attempted to resolve the matter informally with the local authority, but the council proceeded to court. The council sent threatening letters demanding payment and indicating potential steps to enforce the debt, including action against the property, without a clear breakdown of the claimed amount.
Following the council’s action, a charging order application was issued against the property. Interim charging orders were obtained as part of the enforcement process, and the matter proceeded to court for consideration of a final charging order.
Legal Issues
- Liability for council tax charged on the property and the accuracy of the amount claimed.
- Validity and enforceability of the charging order application and any interim charging orders.
- Procedural or evidential flaws affecting the council’s ability to obtain or maintain a charging order.
- Impact on the client’s home and the risk of sale pending final determination.
Our Approach
We reviewed all documentation, including council correspondence, payment history, and court papers. Our counsel prepared a robust defence arguing that the council tax liability for the property was not established, and we relied on credible evidence and communications with the council. We engaged with the court, prepared witness statements, and maintained a measured client-focused approach while exploring proportional settlement where possible. Where appropriate, we referenced CPR principles and the applicable pre-action protocols for debt and enforcement.
Throughout, we emphasised the potential consequences for the client and aimed to resolve the matter without forcing the sale of the home.
Outcome
The court dismissed the final charging order application, discharged interim charging orders, and ordered their removal from the Land Registry. The client was not required to clear the debt through the sale of the property, and the proceedings were resolved in a manner that protected the home and financial interests.
Result / Why It Matters
This case demonstrates Aldwych Legal’s ability to challenge local authority enforcement in property disputes and to secure practical outcomes for homeowners. It highlights our expertise in local government matters, civil procedure, and focused client representation.
