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Council tax - avoiding- illegal?

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Comments

  • blckbrd
    blckbrd Posts: 454 Forumite
    edited 3 December 2009 at 3:52PM
    Look at posts #1 and #3. The suggestion is that only OP's OH 'exists'. If he's a full time student he'd be exempt.
    Opinion, advice and information are different things. Don't be surprised if you receive all 3 in response. :D
  • N79
    N79 Posts: 2,615 Forumite
    blckbrd wrote: »
    Look at posts #1 and #3. The suggestion is that only OP's OH 'exists'. If he's a full time student he'd be exempt.

    Unless I have missed the point this was always the "evasion" that the OP was thinking of trying - claiming that she(?) was not an occupant when clearly she was.

    Obviously most full time students are discounted from council tax.

    Getting back to the OP's post on another point when you move in you will need to remove yourself from the electrol role at your parents as you are no longer entitled to be registered there.
  • mitchaa
    mitchaa Posts: 4,487 Forumite

    He is a full time medical student, i work ft earning min wage (therefore council tax exemption)

    if the flat was placed just in his name I would avoid £60+ per month council tax payment. which i cannot afford really :(

    Is that supposed to read that your boyfriend is council tax exempt due to him being a medical student, but because you are there, the exemption is null and void and you have to pay the £60 C.T bill?

    Are you having a laugh? You already know the answer to that 1 surely.
  • Surely the British way is to pay all relevant taxes with good humour & willingly....??
  • x__Indigo_x
    x__Indigo_x Posts: 1,099 Forumite
    :oi have been a FT student , now is the first time i am 'going it alone' so to speak. So my question was really because the private LL told me he would put the tenancy in his name so that (because i was only there part time )It wouldnt effect the council tax liability for the house.

    he is obviously committing an offence, and i will keep away from this type of LL and will find a trustworthy LL & now i no about the 25% discount i feel much better. thanks.
    I am a full time Benefit and Money Adviser for a leading non profit charity and I LOVE my job <3
    Comments posted on this forum do not reflect the views of my employer :)

    Please note forum police I suffer from dyslexia so my spelling and grammar can be dreadful- sorry but I cant help it!
  • :oi have been a FT student , now is the first time i am 'going it alone' so to speak. So my question was really because the private LL told me he would put the tenancy in his name so that (because i was only there part time )It wouldnt effect the council tax liability for the house.

    he is obviously committing an offence, and i will keep away from this type of LL and will find a trustworthy LL & now i no about the 25% discount i feel much better. thanks.

    I don't think that the LL would be committing an offence here, the names on the tenancy aren't a declaration to the council as to who is living there, more a declaration of who is liable to pay the rent to the LL and has ultimate responsibility for the bills.

    When your OH moves in he would have to declare to the local council who is living there, and it is that declaration which would be the one which determines the council tax liability. If he neglects to mention that you are living there then he would be the one committing an offence, not the LL.
  • Fly_Baby
    Fly_Baby Posts: 709 Forumite
    :oi have been a FT student , now is the first time i am 'going it alone' so to speak. So my question was really because the private LL told me he would put the tenancy in his name so that (because i was only there part time )It wouldnt effect the council tax liability for the house.

    he is obviously committing an offence, and i will keep away from this type of LL and will find a trustworthy LL & now i no about the 25% discount i feel much better. thanks.

    Actually if you went ahead it would be you committing an offence - and your OH - not the LL. He can put one tenant's name in the tenancy agreement but it will be your responsibility to register for council tax and provide information based on occupation.

    Maybe the LL should keep away from you and your OH then? ;)
  • Fly_Baby
    Fly_Baby Posts: 709 Forumite
    Graham1979, I didn't read your post before writing mine, honestly! :)
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    edited 3 December 2009 at 7:24PM
    Surely you would be entitled to council tax and housing benefit if there is only 1 part time minimum wage coming in.

    I would get some advice from the CAB you maybe suprised what you are entitled to working tax credit, council tax benefit and housing benefit.

    How old are you? How old is your partner? How much is your rent? what is you take home pay per week? I could do a couple of calculations for you.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    :oi have been a FT student , now is the first time i am 'going it alone' so to speak. So my question was really because the private LL told me he would put the tenancy in his name so that (because i was only there part time )It wouldnt effect the council tax liability for the house.

    As has been posted the L/L is not acting illegally however regardless of who's name is on the tenancy agreement s6 of the local government finance act 1992 kicks in.

    s6 lists the order in which people are liable for council tax and provides that as the partner of a tenant you are deemed to be jointly liable for council tax . However as a F/T student he cant be held liable where the property is also occupied by another person of equal liability (i.e you) under s6 so you would be the liable person.

    You would however be able to claim a 25% discount.
    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.
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