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Council Tax - Second Home

My wife has recently taken a new job some distance from our home (which we own), so we have rented a property near her new job. She will be living there for work for most of the week, and coming back here some weekends. As I now am the only main resident in our house, and she is the only resident at her rented house, are we eligible for single person discount, or is our house still classed as her main residence. If that is so are we entitled to second home discount on the other house, as it is no-one's main residence?

Any assistance you can give would be appreciated.
:confused:

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    derren wrote: »
    Any assistance you can give would be appreciated.
    it is the respective councils who will prosecute you if they decide you have got it wrong/are acting illegally, so why not askthem and get a definitive answer?????

    for what it's worth, i think your wife's main residence remains her marital home, that is how HMRC would view it since she clearly intends to return there if the current situation did not apply, so her rented property is the second home.

    Look at the council's website and find out how much discount they give for second homes, it is discretionary after all, you never know they might give the original 50% second home discount rather than the legal minimum of 5%, making your concern about SPD irrelevant
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your wife is still the resident of your property , absence for work does not prevent the property being her 'sole or main residence' therefore you cannot claim a 25%discount (This has been determined by a multitude of case law).

    The property which your wife lives in for work is a 2nd home and she will need to apply for the 2nd home discount off the relevant local authority.
    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.
  • derren_2
    derren_2 Posts: 7 Forumite
    Thanks both, suspected that might be the case. Unfortunately, the second home discount for the rented property will only be 10%. Never mind, will have to find some other ways to save money. Already got contents insurance for £20.
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