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Council Tax: Single Occupancy - Residence vs occupancy

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  • I cannot find my exact circumstances on this thread so could you advise me. I wish to know if my friend can claim the single occupancy discount on her council tax.
    We purchased houses in our own names before we met. I have retained and maintain my house and pay council tax(less single occupancy discount), but sleep at my friends. I visit and spend time at my own house most days. My mail is only delivered to my address and I am on the electoral register of my own house. All of my belongings are kept at my own house. Our finances have never been linked. I pay no rent or any living expenses (food, services etc). We have our own cars. If anything happened to either of us our property would pass to our respective families. If we separated there would be no settlement between us.
  • lincroft1710
    lincroft1710 Posts: 18,900 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gwaihir wrote: »
    I cannot find my exact circumstances on this thread so could you advise me. I wish to know if my friend can claim the single occupancy discount on her council tax.
    We purchased houses in our own names before we met. I have retained and maintain my house and pay council tax(less single occupancy discount), but sleep at my friends. I visit and spend time at my own house most days. My mail is only delivered to my address and I am on the electoral register of my own house. All of my belongings are kept at my own house. Our finances have never been linked. I pay no rent or any living expenses (food, services etc). We have our own cars. If anything happened to either of us our property would pass to our respective families. If we separated there would be no settlement between us.

    I would say that you live at your friend's house and visit your own home occasionally, therefore she is not entitled to the 25%. Other posters may disagree.
    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
    I would say that you live at your friend's house and visit your own home occasionally, therefore she is not entitled to the 25%. Other posters may disagree

    It's a difficult one to call as the council may well see it as the property having become your 'sole or main residence' however I personally would use the argument that due to the fact you maintain your original household and haven't yet given it up that you are still resident their for council tax purposes.

    Ultimately it's the council who would make the call and a Valuation Tribunal to have the final say if you don;t agree with their decision.
    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.
  • Kernel_Sanders
    Kernel_Sanders Posts: 3,617 Forumite
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    edited 21 January 2014 at 10:07PM
    CIS wrote: »
    I would say that if your case came through my office, we would not allow it as a single person discount claim on the basis that your wife intends to return to the property and it remains her 'sole or main residence'.
    Sorry to quote a 5-y-o post but there is a very simple hypothesis which intrigues me. If the OP were to move house (within your LA) and applied for the same discount, would you deny it on the grounds that his wife might move in at some future point?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the OP were to move house (within your LA) and applied for the same discount, would you deny it on the grounds that his wife might move in at some future point?
    I suspect I know where you're going but

    Not unless she had had actually been resident in the new property as her 'sole or main residence' at some point as otherwise she cannot be deemed to be resident and therefore have an intention to return to that property.
    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.
  • Kernel_Sanders
    Kernel_Sanders Posts: 3,617 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 22 January 2014 at 12:04AM
    CIS wrote: »
    I suspect I know where you're going
    I'm not going anywhere but the OP might be when he reads that :)
    OK, suppose the OP found out that his wife had formed a relationship with someone else in Japan (yes I know OP visits, but please indulge me!)
    Would your LA refund him from the date this relationship started, or would it take the view that they might be reconciled at some point? It appears rather odd that LAs are required to bill people on the basis of speculation.
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