Council Tax badness :(

Squonkey

I really need some help with this lol.

My fiance and I have been sent summons for non-payment of council tax which we believe we are not liable to pay. He is a student with council tax exemption forms, and is the only person on the tenancy agreement. I am currently unemployed and in receipt of JSA which is a joint claim. This we don't understand as he should not be allowed to receive benefits as he studies full time.

We have an outstanding debt which amounts to approx. £870 + £74 in court fees. We have spoken to the council tax department twice, the first time round we were told that our account had been put on hold whilst they wait for new council tax exemption forms, and the second time we were told we have joint liability and that we must pay the outstanding amount.

We will be visiting our local CAB office asap.

RAS

Have you claimed Council tax benefit? Otherwise, you are liable to pay Council Tax if you are living in the house.

Squonkey

No I havn't but as i mentioned above my name is not on the tenancy agreement, people won't let us do anything to do with the house when i am not on the agreement and he cannot receive benefits.

P.s We live in a studio flat in a converted house.

Tixy

If you are living there then whether you are on the tenancy agreement is irrelevant. Unless you have council tax benefit they you would be liable (albeit for the discounted single person figure)

Squonkey

Well, had we not applied for JSA, as he is exempt, we believe that I would also be exempt, the council tax bill has only occured because the job centre informed the council that he is no longer a student, a blatant mistake as we clearly stated when making the claim that he is a full time student, who was studying at the time the claim was made and that he is returning to university.

Tixy

Just being in receipt of JSA does not make you exempt from council tax.
You have to apply for council tax benefit. The jobcentre should have given you a form to claim CTB. Have you completed one of these?

Morgan_Ree

As you're not on the tenancy agreement can I assume you're classed as an authorised occupier?

As In the letting agent/or council know you are living there but class you as an occupier rather than a tenant

Squonkey

No, the Jobcentre have not given us a form to claim CTB. Yes I am classed as an authorised occupier.

As our estate agent refuses to put the authorised occupier on the tenancy agreement, although it states on the tenancy agreement that it is possible to, I cannot currently apply for housing benefit, so can I or not claim the CTB when this is the case?

The estate agent also refuses to let us talk to the landlord directly btw.

Morgan_Ree

Unless you are the named tenant you are usually not able to claim housing benefit, but in certain circumstances (where you are in a realtionship with the named tenant) you can still claim

The only other thing is until your award for HB has been approved you partner should not be claiming the student exemption seeing as he's not the only adult in the househould
From the time you moved and he became a student up until your claim is approved you will still be liable for council tax but with a 25% reduction

Squonkey

Thing is though, technically this is a care of address for me as I am estranged from my parents so I could actually be classed as homeless with no fixed abode. Also, in the eyes of the law I am not seen to be his partner as we are not married and have no dependants which probably creates a problem for claiming HB.

Tixy

If you live there, that is to say spend more than 3-4 nights a week there and keep your clothes etc there then you are not homeless - you are living there.

The fact that you are not married should make no difference to your claim - you are classed as a co-habiting couple.

I don't think you are going to be able to use any of these arguments to make this debt disappear. You need to talk to a benefits officer about putting in a claim (I don't know whether you will get it or not but you need to make a claim to find out) then you need to come to an agreement to pay the debt and court fees.