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Council Tax: Single Occupancy - Residence vs occupancy

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  • Birmey
    Birmey Posts: 9 Forumite
    I've told the council all of this. They asked a number of questions i.e docs and dents (him only dentist where he lives. Me both where I live). Matrimonial home (didn't know for sure what they meant by this, but can hazard a guess!). How many times we visit each other (him to me at weekends and me to him once every 3 months). Any children (nope). If he lost his job he would stay where he is (yep). I understand they have to verify the position, but surely this should have been enough information. What next. Sending a forensic team to comb my home for clues as to how long he spends here!! Really appreciate all your comments and help.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 1 April 2010 at 12:17PM
  • p00hsticks
    p00hsticks Posts: 14,458 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Birmey wrote: »
    Matrimonial home (didn't know for sure what they meant by this, but can hazard a guess!).

    I suspect that this relates to what I was saying earlier - HMRC say that married couples who are no legally separated can only have one 'Principal Private Residence' between them, that would be exempt from capital gains tax when sold.
  • Birmey
    Birmey Posts: 9 Forumite
    You're right about the microchips. Just another way of gaining control over us all. The New World Order is coming whether we like it or not!

    Regarding the main residence for HMRC purposes, according to CIS' earlier comment, Council Tax law is different - if a couple keep seperate households then they can be regarded as living individually for council tax purposes (depending on the full circumstances).

    When I eventually get a reply from the Council I will post the result.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 2 April 2010 at 11:29AM
    Roughly half our GDP is now taken off us and spent on our behalf by some sort of government agents (Central gov. local gov. EU Quango PFI etc.)

    In the 1960's somehow we got by on about half the proportion of GDP (then a much smaller total even in real pre North Sea terms).
  • Birmey
    Birmey Posts: 9 Forumite
    CIS wrote: »
    If he is only in that area due to work where would he go if he no longer worked in that job ?, even though you own the property would he stay in that property or live with you.

    I wonder if you could have a look at my reply and let me have your comments, as you said you had completed the IRRV training, so it would be helpful to see how this may be viewed. Many thanks.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would be tempted, based on what you have said, to say that you both have your seperate hosueholds and that the local authority hae probably put too much weight on the fact your married. You should therefore each have your 'sole or main residences' at your respective homes.

    Its relatively unusual for married couples to lead seperate lives and I can see why they have decided to look further but it should not be the only determinative but at the end of the day its no different to two people who aren't married and are in a relationship but both keep their own seperate properties.
    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.
  • Birmey
    Birmey Posts: 9 Forumite
    Many thanks for your very helpful comments. I'll post the decision once I hear back. :)
  • When a couple split but still stay married and have a joint mortgage etc the partner that stays in the house does get the discount so why not in this case?
    hello, money,:beer:
  • lincroft1710
    lincroft1710 Posts: 18,935 Forumite
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    butterfly - there is a slight difference in that in the scenario you describe the parties have completely ceased cohabitation. In the case in question there is a short period of cohabitation each week.

    I do not envy the person(s) who have to decide in this matter.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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