QLD Issues with Council Rates and Interest - What Can I Do?

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JamesOnline

Member
5 December 2016
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1
I purchased an off-the plan property in Sydney and occupied it after completion in July 2015. I vacated it in early January 2016, and tenants have moved in. When I visited the council in person, they said that because it's a new property, they haven't got the rates yet, but they'll issue them later (I actually went to collect parking permit tickets, and they were like "you didn't get it in your mail yet because it's a new set of apartments").

I had only become aware of the rate notices on 23/11/16, when my property manager notified me. I phoned the council and requested information on rates notices, as I had not received any notices by email, nor by mail when I was living there (and I elected to have publications sent to my email address). They asked me to put my request in writing, so I did so by email. They responded by saying they issued a statement of claim to the local courts on 27/10/16, with additional fees (e.g solicitors fees) totalling $564, and that I was to respond within 28 days of the notice.

I hadn’t even received the rates, nor the statement of claim notice, and therefore didn’t have an opportunity to respond. In the same email, they also gave my rates notices as requested, with the first installment dated 29/1/16 (issued to my mail address, after I had vacated in early January 2016). As such, I had not received any rates notices.

Also, the council’s website states “The Profile Center is designed to help you self-manage your demographic information as well as communication preferences.” The only fields available are email address - there is no space to update other demographic information.

As per my election, I have been receiving notices from the council since 9/11/16, including news, updates and mayor’s messages, but I had not received any rates notices. There are several councils in Sydney that issue rates notices via email, so I did not feel that my council will be any different.

I requested the council to waive my interest rates and their legal fees, but they said they won’t do it. What can I do? I am happy to pay the council rates, but not the additionals - since the only reason I didn’t pay is because I had not become aware of the notices - neither by email nor mail.

I am already in debt with a mortgage.
 

Rod

Lawyer
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27 May 2014
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First thing is to pay the outstanding rate amounts. Do not withhold payment of the rates.

If you didn't ask for the waiver in writing, do so now.

What state are you in?
 

JamesOnline

Member
5 December 2016
3
0
1
First thing is to pay the outstanding rate amounts. Do not withhold payment of the rates.

If you didn't ask for the waiver in writing, do so now.

What state are you in?


Hi Rod, Thanks for your reply. I'm in QLD, but my property is in NSW. I paid the outstanding rate amounts owed, but not the interest or legal fees claimed, totalling more than $600.