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25% single occupancy - only if tenancy has only one name?

Dear all SMEs...


I rent out a house to 2 people: The rent is paid regularly and they are good tenants. He works overseas almost all the time, coming home only a few days at a time every now & then. She wants single occupancy council-tax 25% discount: Council (Scottish, Highland) says this will only be granted if the tenancy has only her name on it.

Surely the council is being over-prescriptive and beyond their rights to demand this? I would have expected that as long as she complies with the requirements (as any owner-occupier does) then who's name is on the tenancy is neither her or there?? Any suggestions?

Regards & Thanks in advance..

Lodger

Comments

  • lincroft1710
    lincroft1710 Posts: 19,377 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If it's a joint tenancy, the inference is that the property is a home for 2 people. I don't know what criteria Scottish councils use where someone works abroad but clearly has a UK residence to which he returns.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Scottish Law will be the same as English Law on this council tax aspect - this property will fall as his sole or main residence therefore a 25% Single Person Discount would not apply.(regardless of one name or two on the tenancy, they would be both liable for the council tax under the current legislation)
    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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