Liability to Council Tax in the UK while travelling abroad or living abroad

Does anyone know the rules on whether you should be registered for Council Tax in the Uk while abroad travelling? My bank / mobile phone statements go to a relative's address in the UK. They are now thinking of claiming the single person council tax discount as they are currently living alone. However, I am thinking as I don't have any other address (abroad or in the UK) at the moment, should my name also be on the Council Tax there (meaning that that person would not be able to claim the discount)? (I've read that one of the ways councils check to see how many people are living at an address is through credit reference agencies who look to see how many people's bank accounts are registered at an address).

I may, at a later date, settle abroad in another country for awhile, but would like to keep my bank statements being sent to the relative's address in the UK. Would this change the council tax situation - ie if I could prove I was living in another country, would this then exempt me from being liable to council tax at that property? And what documents would satisfy the council as proof? (eg. registration for the equivalent of council tax / electoral roll in that country?) Would they accept documents in a foreign language or would they need to be translated into English by an official translator?

I hope someone who has been in a similar situation can help with any of these questions.
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  • CIS
    CIS Posts: 12,260
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    The council do check credit records so your name may crop up in a discount review.

    Council Tax works on the basis of 'sole or main residence' - if this is outside of England/Wales/Scotland then you would not be regarded as resident for council tax purposes but...

    If you had to stop travelling is there an address in the England/Wales/Scotland that you have lived in before travelling and to which you would return to if you did ? Determining 'sole or main residence' is not always easy but a key aspect is 'intention to return' to a property and where a 'man off the street' would say you were resident if presented with the facts.

    Ultimately any dispute over 'sole or main residence' would be down to a valuation tribunal to decide if the council make a decision that you don't agree with.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Thanks for your reply.

    No - I don't have any property in the Uk to return to. I would most likely start renting somewhere upon my return.

    If I were to settle in another country and kept my UK bank accounts going to this relative's address in the UK, do you know which documents would be accepted as proof of me living abroad? (for instance - would a utility bill with the foreign address suffice, or a bank statement, or perhaps being on the equivalent of the electoral register in the country?)
  • CIS
    CIS Posts: 12,260
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    Thanks for your reply.

    No - I don't have any property in the Uk to return to. I would most likely start renting somewhere upon my return.

    If I were to settle in another country and kept my UK bank accounts going to this relative's address in the UK, do you know which documents would be accepted as proof of me living abroad? (for instance - would a utility bill with the foreign address suffice, or a bank statement, or perhaps being on the equivalent of the electoral register in the country?)

    I think you should be ok in this case as long as you can demonstrate residence abroad.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Edi81
    Edi81 Posts: 1,433
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    Don't go on the electoral register at your relatives address.

    Councils cross check single discounts to the electoral register. I received a snotty letter from my council when I bought my place as the previous owner was still on the electoral register. All sorted after I sent them a letter but just having mail sent there will be fine.
  • David_Aston
    David_Aston Posts: 1,160
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    Does anyone know if this arrangement would prevent the relative from claiming the single occupancy discount?
  • CIS
    CIS Posts: 12,260
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    Does anyone know if this arrangement would prevent the relative from claiming the single occupancy discount?

    Which arrangement - using the property for mailing purposes ? If so then it shouldn't as it's the 'sole or main residence' which is the important aspect. Whether or not the Local Authority would put up a fight or not is anyone's guess.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • The relative may not wish the hassle of having to prove single occupancy.
  • A few thoughts - if indeed the relative was unable to claim the single occupant discount because you were using their address, could you stump up the difference?

    You really need to speak to the council concerned, as they set their own rules and they can differ from council to council.

    My OH was working abroad when 'we' moved house, and I'd been living in the new place for about 3 months when he came home. He was on the deeds, and on the mortgage, and we were totally expecting to have to pay the full council tax. I rang the council, just to see where we stood - it seemed a little unfair for him to have to pay council tax on a house he'd never lived in. I was told I could claim the discount for the period he hadn't lived there, but the minute he spent a night in the house it became his 'sole or main residence'. He was only home for 4 nights, and only one of those was in the house as we were away on holiday for the others - the woman from the council suggested we should book in to the nearest Holiday Inn for that one night!!
    No longer a spouse, or trailing, but MSE won't allow me to change my username...
  • 00ec25
    00ec25 Posts: 9,123
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    A few thoughts - if indeed the relative was unable to claim the single occupant discount because you were using their address, could you stump up the difference?

    You really need to speak to the council concerned, as they set their own rules and they can differ from council to council.

    My OH was working abroad when 'we' moved house, and I'd been living in the new place for about 3 months when he came home. He was on the deeds, and on the mortgage, and we were totally expecting to have to pay the full council tax. I rang the council, just to see where we stood - it seemed a little unfair for him to have to pay council tax on a house he'd never lived in. I was told I could claim the discount for the period he hadn't lived there, but the minute he spent a night in the house it became his 'sole or main residence'. He was only home for 4 nights, and only one of those was in the house as we were away on holiday for the others - the woman from the council suggested we should book in to the nearest Holiday Inn for that one night!!
    the council can't vary the rules in respect of SPD as they are based in legislation

    the answer the council gave you was the correct technical answer. Your OH had never lived in your new property so it was not yet his main home to which he had an intention to return as he had never been there to start with. his occupation, and your loss of SPD, arose from that one night
  • CIS
    CIS Posts: 12,260
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    00ec25 wrote: »
    the council can't vary the rules in respect of SPD as they are based in legislation

    the answer the council gave you was the correct technical answer. Your OH had never lived in your new property so it was not yet his main home to which he had an intention to return as he had never been there to start with. his occupation, and your loss of SPD, arose from that one night

    I agree fully, it's nice to see a local authority doing it correctly with respect to legislation/case-law.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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