Council Tax - Second Adult Rebate

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I wonder if someone could help me with a situation that I regard as grossly unfair

I bought my flat two years ago and lived there for the first year on my own paying council tax at about £95 per month. However, as the economy deteriorated, I got a lodger to move in with me paying rent last year, and the council tax shot up to about £130 per month, of which I paid the £95 and he paid the remainder per month.

In January he was made redundant and the council has since agreed to pay his rent as he had no savings.

My own financial situation is tricky as I've recently had to go interest only on my mortgage, as my flat is due to have essential maintenance work carried out on it within the next 12 to 24 months, which will cost about £30,000. Those that don't pay will be forced to sell their homes. This means I'm frantically saving every penny I can at the moment.

I applied for a second adult rebate on the council tax and yesterday I got a reply stating that I was not successful as my flatmate is "not classed as a non-dependant on your claim". (ie he's not a relative paying no rent to me).

This just seems so unfair to me. He cant afford that extra council tax and ultimately I don't think I can either (although this could only be proven with hindsight). It's not my fault that he lost his job but I'm now being charged an extra £400 per year in tax.

Is there anything I can do to not pay this?

Comments

  • hippy-chicy
    hippy-chicy Posts: 535 Forumite
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    I'm confused by the response that you have had from the council.
    2AR is designed to effectively replace the SPD that you would loose by having someone with a low income living with you.

    Did you make it clear that you were claiming 2AR - although saying that they should have done a best buy calc anyway. You need to fill the form in with all details but its the income of the second adult that you need to supply (is he claiming JSA?) Did you do this? I can't see a reason why you wouldn;t be entitled to 2AR (providing your lodgers income is low enough).

    You need to contact the council to ask them to explain their decision !!
    :j
  • CIS
    CIS Posts: 12,260 Forumite
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    If you receive rent from a person who lives in the property then a 2AR is not payable.
    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.
  • albo2002
    albo2002 Posts: 252 Forumite
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    I'm confused by the response that you have had from the council.
    2AR is designed to effectively replace the SPD that you would loose by having someone with a low income living with you.

    Did you make it clear that you were claiming 2AR - although saying that they should have done a best buy calc anyway. You need to fill the form in with all details but its the income of the second adult that you need to supply (is he claiming JSA?) Did you do this? I can't see a reason why you wouldn;t be entitled to 2AR (providing your lodgers income is low enough).

    You need to contact the council to ask them to explain their decision !!

    I did supply his income details and he is on job seekers allowance.

    What is 2AR? And what is SPD?
  • albo2002
    albo2002 Posts: 252 Forumite
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    CIS wrote: »
    If you receive rent from a person who lives in the property then a 2AR is not payable.

    is there nothing I can do then? This seems so unfair..
  • hippy-chicy
    hippy-chicy Posts: 535 Forumite
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    'In January he was made redundant and the council has since agreed to pay his rent as he had no savings'

    I completely missed this sentence.
    But yes CIS is correct . I am sorry if I have confused you.


    EDIT:

    2AR is second adult rebate and SPD is single person discount.
    :j
  • PhlangePhace
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    You are the liable person for CT so the full charge is your responsibility.

    The rent that lodger pays you should have included an element for CT (£8pw, by my reckoning).

    Unfortunately, if you didn't do it this way round, and just relied on the lodger to make up the CT (whilst he was working) then there isn't anything you can do about it.

    Otherwise, if the CT was included in the rent, then LHA would have covered it (assuming that the gross rent was still within the LHA rate applicable)
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