Council Tax Summons - HELP!

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  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
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    CIS wrote: »
    Worried Wombat woudn't be liable anyway under the circumstances but being a student does not always make you not liable for Council Tax - there are circumstances when a Full Time student can be liable for the Council Tax due.

    Could you give us an example of that as the usual advice is that a student sharing with non students isn't liable.

    OP have you provided proof of your student status to the council?
  • Worried_Wombat
    Worried_Wombat Posts: 5 Forumite
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    CIS,

    I'm not sure what you meant by the before-and-after ctax bills, but the evidence I intend to present is:

    - signed statement by one of the joint tenants, stating my move-in date and the fact that I am moving in as a "permitted occupier".
    - last signed receipt for rent payment (from my previous landlord at my previous flat - before I moved into the property in question), proving that at the start date of the ctax period I'm asked to pay I was living elsewhere.
    - also a bank statement sent to the previous address (before moving into the flat in question), proving that I was living elsewhere at the "start date" of the ctax period.
    - receipts and signed statement by my current landlord, thereby proving that I moved out of the property in question by the date I specified earlier.
    - printed bank statement carrying my new address, also proving I have left the property in question at the date specified.

    That, I believe, should do. I could probably also throw in a statement from my
    school to prove that I was a fulltime student during half of my stay at the property in question.
  • CIS
    CIS Posts: 12,260 Forumite
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    There is no need to for a letter stating you were a student as it doesn't impact you on your liability.

    If you have a final Council tax bill from your previous property it would help confirm the date you moved to this property and one for the property after this one would help confirm a move out date.
    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.
  • CIS
    CIS Posts: 12,260 Forumite
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    Could you give us an example of that as the usual advice is that a student sharing with non students isn't liable.

    OP have you provided proof of your student status to the council?

    If the student is higher in the hierarchy of liability than any other non student (i.e the student is the resident owner or the only person on the signed tenany agreement) then the student is legally liable for any council tax due even though they are disregarded in the calculation of the charge due.

    Also in the case of a joint tenancy where all the occupiers are students, there is no charge due by way of the Class N exemption, but all the occupiers are legally liable for the Council Tax.
    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.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
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    CIS wrote: »
    If the student is higher in the hierarchy of liability than any other non student (i.e the student is the resident owner or the only person on the signed tenany agreement) then the student is legally liable for any council tax due even though they are disregarded in the calculation of the charge due.

    Also in the case of a joint tenancy where all the occupiers are students, there is no charge due by way of the Class N exemption, but all the occupiers are legally liable for the Council Tax.


    Thanks, that's interesting, although I don't think I really understand the second point.
  • CIS
    CIS Posts: 12,260 Forumite
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    Also in the case of a joint tenancy where all the occupiers are students, there is no charge due by way of the Class N exemption, but all the occupiers are legally liable for the Council Tax.

    The problem with Council Tax is that liability and actually having a charge to pay are 2 different things.

    In a property where all the occupiers are students then the legislation states that they are all jointly liable for Council Tax but it also then states that the property is exempt and no council tax is payable.

    So the net result is that they are liable but have nothing to pay - the same principal can apply to the other exemptions (e.g Class S (Severely mentally impaired) and Class S (under 18) etc)
    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.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
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    CIS wrote: »
    The problem with Council Tax is that liability and actually having a charge to pay are 2 different things.

    In a property where all the occupiers are students then the legislation states that they are all jointly liable for Council Tax but it also then states that the property is exempt and no council tax is payable.

    So the net result is that they are liable but have nothing to pay - the same principal can apply to the other exemptions (e.g Class S (Severely mentally impaired) and Class S (under 18) etc)

    Right, I'm with you. It sounds like something from "Life of Brian" but then things so often do, in my experience!

    Thanks for the explanation.
  • PolishBigSpender
    PolishBigSpender Posts: 3,771 Forumite
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    New to this forum? Please, don't tell lies...

    The original poster is almost certainly the same as the original poster in this thread.

    http://forums.moneysavingexpert.com/showthread.html?t=1516811

    I thought 'alternate egos' were banned?
    From Poland...with love.
    They are (they're)     sitting on the floor.
    Their     books are lying on the floor.
    The books are sitting just there on the floor.
  • alwaysonthego_2
    alwaysonthego_2 Posts: 8,471 Forumite
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    PolishBigSpender wrote: »
    New to this forum? Please, don't tell lies...

    The original poster is almost certainly the same as the original poster in this thread.

    http://forums.moneysavingexpert.com/showthread.html?t=1516811

    I thought 'alternate egos' were banned?
    How did you work that out, unless I am missing something?
  • PolishBigSpender
    PolishBigSpender Posts: 3,771 Forumite
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    alwaysonthego wrote: »
    How did you work that out, unless I am missing something?

    The use of the bold combined with the writing style makes it a dead giveaway.
    From Poland...with love.
    They are (they're)     sitting on the floor.
    Their     books are lying on the floor.
    The books are sitting just there on the floor.
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