How to convince council this is my main residence

owned_by_2_Siamese

I'm having problems trying to convince my Local Authority that I actually live in my house!
The problem is they want to treat it as a second home.
I have had to move north for a job, and so my first home is occupied by a lodger - I still pay the bills and go home Fri night till Sunday. I want this designated as my 'second home (10% discount) But my weekday home - where I live Sun thru Fri has been designated as second home by the LA - despite my protests. They give the reason that 'if I lose my job I will leave and go back to my other home, and I am not registered with a dentist locally' - If it wasn't so unbelievable it would be funny!
They say I have to contest by appearing at a valuation tribunal (its in Scotland other house is in England)
HMRC will let me just designate one property as my main home - but the LA use unsubstantiated and incorrect judgement (taken 3 months to get the reasons out of them!)
Does any one have any ideas? I thought about Declaration of Human Rights (i.e right to privacy) and Data Protection Act (information must be correct and fair - that I may in there opinion move away in the future hardly meets this!) Ideas gratefully recieved!

lincroft1710

Do you own or rent Scottish house? Where are the majority of your possessions?

Richard019

Let me get this right:

You lived in London prior to getting this job and paid for it as a main residence.

You've now got a job in Scotland so are up here during the week.
The local authority in London is accepting your Scottish residence as you main address and giving you discount on your London residence.
The Scottish authority however is insisting that you don't live in Scotland and that it is your 2nd address and that the one in London is your main residence?

Could you not use the reduction certificate/statement from the London authority as your proof that the Scottish residence is your main one?

Also, is this a first, you're looking for help because the Council won't let you pay them more Council Tax than they want?

silvercar

Register with a dentist in scotland?

Accuse them of racism, they are clearly anti-english and want you to go back south!

CIS

Technically the sole or main residence rules would state that your home in London is your main home as you have intention to return - what they should be considering is where you would return to if your job ceased ; this would be London.

You can't have two main residence's but it appears that the Scottish council are correctly applying the regs and you should be given second home discount in Scotland and your main residence in London.

owned_by_2_Siamese

Thanks for all the posts!
To clarify - London has no second home discount and CT is charged at full rate - reluctant to have LA in Londond designate as second home as Scotland is so adamant and dont want to be accused of Fraud (i.e 2 discounts!)
My main source of employment will continue in Scotland - so if I lost job chances are I'd stay here as that's where the jobs that match my skills are. I think its at best speculative that I would return - its actually very umlikely but wjho are a LA to make this assumption!

In terms of why I want to do this - well I am the only poerson living in Sthe Scotland property and here water rates are charged on council tax. so long as Scotland insist on 2nd property status I get a 10 % discount - whereas sole occupancy of main residence gets 25% including 25% off water charges.

My personal possessions are all in Scotland (albeit I own contents of London home)

owned_by_2_Siamese

BTW own both!

lincroft1710

I think the fact you return to London every weekend is influencing their thinking. In their eyes you are effectively using the Scottish home as a "pied-a-terre" during the working week and going "home" for the weekend.

CIS

I still pay the bills and go home Fri night till Sunday. I want this designated as my 'second home (10% discount)

This suggests that your 'home' is still in London however if you wish to dispute the councils decision you need to make an written appeal to the council along with any documentary evidence and ask them to re-consider.

jimmo

Definitely no expert on Council Tax but I claim to know a thing or two about Capital Gains Tax.
With Capital Gains Tax if you occupy 2 homes at the same time then you have the opportunity to elect which is your main residence.
With Council Tax I don‘t think there are any options, It’s a straight question of fact.
I get the feeling that you are a married person and whilst you are currently working in Scotland your spouse and children are continuing to live in England in your matrimonial home.
Right or wrong?

owned_by_2_Siamese

Hi - thanks for all the posts!
Just to clarify - no its just me - unmarried and no kids!
I agree re the HMRC issue I can nominate either - and have nominated Scotland as primary...
I'm mighty annoyed at the subjective way the LA decides - had to get DPA subject access to see how they made the decision - when I saw it was no wonder they were relucctant