I need expert for my council tax

kianryan

Hi.
I have a flat with 2 bed room and I rent out of them .I am working full time and the tenant working part time and she receiving her housing benefit. But barnet council asks me to pay full council tax and they said the tenant dose not need to pay council tax.
In our tenancy agreement she responsible for her council tax (not full half of it)
I think if council want to take responsibility for her council tax they have to pay her council tax benefit that is why trying put in on me. I need some advice how can I write to them to point some law that who ever living in the house they responsibility to pay council tax -I am very upset that I can not talk to them because as long as I call them they said I m working and other person not and I have to pay all. BUT I am sure the half the money is tenant responsibility and housing benefit should pay for that. Help me if you know any roles or link I can relay on it to write to them
regards
Kian :mad:

noh

What you have been told by the council is correct.

from http://www.direct.gov.uk/en/HomeAndCommunity/YourlocalcouncilandCouncilTax/CouncilTax/DG_10037383

Who is responsible for paying the bill?

There's one Council Tax bill for each home. Usually the person living in the property has to pay the bill. Spouses and partners who live together are both responsible for paying the bill.
The person at the top or nearest to the top of the following list has to pay the bill:
• lives in the property and owns it
• lives in the property and has a lease (this includes 'assured tenants' under the Housing Act 1988)
• lives in the property and is a 'statutory' or 'secure' tenant
• lives in the property and isn't a tenant but has permission to live there
• lives in the property (for example a squatter)
• has a lease of six months or more on the property, but doesn't live there
• owns the property but doesn't live there

macman

Council tax is a tax on the property, not on the individuals who live in it. The tax is the same whether 10 people live there or 2 (there is a 25% discount for single person occupancy). If you were renting an independent flat to this tenant, then she would be fully responsible for council tax on that property. But since it is a shared property, you are primarily responsible as the owner/occupier to pay the tax on the property.
This does not prevent you setting the rent to a level that covers a contribution to council tax, but you will be the person legally responsible to pay.
If you had no tenants, the tax level would be the same, except for the single person discount.

CIS

I have a flat with 2 bed room and I rent out of them .I am working full time and the tenant working part time and she receiving her housing benefit. But barnet council asks me to pay full council tax and they said the tenant dose not need to pay council tax.

The liability for council tax works under the 'hierarchy of liability', part of section 6 of the local government finance act 1992.

What Noh has posted earlier is the gist of what section 6 says (although direct.gov has a slightly simplified version). In any case where you have a resident freeholder/leaseholder then, irrespective of any tenants/borders etc also resident, they will always remain liable for any council tax due.

Because your lodger has no liability for council tax then they cannot claim any council tax benefit although as macman has stated there's nothing to stop you charging extra on the rent to cover.

kianryan

As you said I understand lodger has no liability for council tax . In the bill only my name been issued in council tax bill. am i liability to get 25% discount?
If not I should ask when is next election to change Laour with those sh**t roles.
Thx to all.

CIS

The 25% discounts does not depend on who liable , it depends on who is resident in the property. If there are 2 or more people, over 18, who are not disregarded for council tax purpsoes then there cannot be a 25% single person discount awarded.

kianryan

Sorry i did not get it. My tenant working part time and getting housing benefit. she not paying TAX and I have to pay council tax FULL and mortgage+£1190 tax in my income tax every month and still I can not apply for 25 %.How effecting living her with me that stop me to any discount. What a government.........
Some time I like people doing benefit fraud as this government deserve it. Instead of look after tax payer keep give advantage to benefit claimer

dmg24

kianryan wrote: »

As you said I understand lodger has no liability for council tax . In the bill only my name been issued in council tax bill. am i liability to get 25% discount?
If not I should ask when is next election to change Laour with those sh**t roles.
Thx to all.

It might help if you checked which party brought in the relevant Act. :rotfl:

CIS

Sorry i did not get it. My tenant working part time and getting housing benefit. she not paying TAX and I have to pay council tax FULL and mortgage+£1190 tax in my income tax every month and still I can not apply for 25 %.How effecting living her with me that stop me to any discount

Think about the name of the discont - 'Single Person Discount' and then think what your property doesn't have (e.g a single occupant) and you'll then see why you can't claim it.

simone83

Increase his rent to take into account the council tax increase that you have, do not stipulate the rent increase is directly for the council tax (as it would then be disregarded by Housing benefit), and then you get you extra money for the council tax!! you are entitled to increase then rent and not have to give a reason for it. And if your reason is incresed living costs for you for renting out a room then you within your rights - if you ask me that is.
you are keeping somone off the councils homeless list afterall - good luck!

Morglin

kianryan wrote: »

As you said I understand lodger has no liability for council tax . In the bill only my name been issued in council tax bill. am i liability to get 25% discount?
If not I should ask when is next election to change Laour with those sh**t roles.
Thx to all.

The Council tax system, as it is, was introduced by John Major (a Conservative government). It replaced the Poll Tax, which caused the riots lol.;)

You may wish to change the government, but I doubt they will lower your liability to council tax.:rolleyes:

You are gaining rent and you are losing the 25% discount you would have got for being the sole occupier. Presumably, you are getting more in rent than you have lost in discount?

There would be no advantage to councils doing this to gain your money, as although they administer the rebates etc., they are actually funded by government.:rolleyes:

Lin