Would this be very very wrong?

MercilessKiller

Hi there.

My girlfriend and I are worried due to a possible long term relationship come september. The way we're going to overcome it is she is going to move in with me (where I am at uni ) and stay in my room. I'm going to be living in a house with 3 other guys (who are all ok with it) and I'll have the biggest room in the house!

Now I'm not sure of the legality of all this. She'll be staying there less than a year (as towards the end i get a placement and move out of stafford anyway).. we're both very keen to live togehter even though its a mssive step in the relationship...

Money wise, I'm going to be struggling.. trying to pay off my overdraft this summer but i'll be living off a student loan. She's getting a full time job so can support me so i assume money won't be a problem

Council tax wise I have no ideas on laws and what consist of "living" within a council.. then Landlord wouldn't be happy if he knew she's living there as its a 4 person property, I can just say shes staying for a bit as he's already said that is allowed. If she got a full time job can she put her home address down not the one in stafford etc...?

I'm just trying to plan ahead Thanks very much

WillD_2

by law if she isn't a student and she lives with you, she is an inhabitant. if all the other occupants are students this means she will be liable for paying the council tax, which would be reduced by 25% as it is treated as a case of single occupancy.

For the students, you will need to phone the Council and ask if you are liable for this as students as you will be council tax exempt if you submit your certificate from your uni.

The law is an !!! in this regard. I think your GF will end up being legally liable for 75% of the CT on the property. This will be based on the value of the property so she will be responsible for more than she would be if she really did live alone in a one bedroom flat, say. A crazy situation, but that is the law.

The definition of 'living', i am not certain of. i found it before, but you will need a google trawl to pul out the right document. I think sowething like spending more time staying at the property than not, and for a period of greater than a month.

Not declaring that she lives there, would be a criminal offence. I have no idea what the proceedure is from the council's point of view, I suspect that it would be hard for them to prove she lived there particularly if she is not on the electoral role, and is somewhere else. But, of course, being illegal, I wouldn't recommend it. Hope that helps, and I wish it was better news, but that would mean a change in the law.

This isn't legal advice, just my nonprofessional opinion.

MercilessKiller

I don't think declaring that she lives there is going to happen as she'll still go home a lot and her post will simply be sent on by her mum.. she'd spend more time over 9 months.. but in 3 years she'll spend a lot mroe time at home, and i know to vote u have to be living in that council for 3 years do you not?

has anyone else been in a similar situation and someons lived there without declaring it as such? Is it actually that big a risk? do people care?

Aiadi

MercilessKiller wrote:

and i know to vote u have to be living in that council for 3 years do you not?

Not true as far as I'm aware- I just went on the electoral roll just after moving into the council area. If it was the case that you had to be living there for 3 years first, then most young people wouldn't be able to vote at all as they're constantly moving!

About the issue in general, I had a similar problem before I got married and was a student and I don't remember giving the issue much thought at all! I'm not anyone experienced in these things nor legal so it might be wise to listen to someone who knows, but my opinion is that if her mail will keep going to her mum's place, and she's not going to be living with you all the time, then she's more of a visitor than an inhabitant and therefore wouldn't need to pay council tax. I don't know how and if the council could work out that she's living with you anyway, they probably couldn't if all her mail keeps going to her mum. (But I stress this is my non-professional personal opinion!)

Gem_

In reality it is illegal - council tax avoidance. Does her mum live alone? You only really have to pay council tax at your main residence so if she was paying the 25% of her mums then it would not seem wrong for her not to be declared at your house.

In reality the chances of the council catching you are remote. As long as they have declarations from the other ocupants that they are students they are hardly going to stake the place out to check for extra tenants.

Gem

PS in order to vote there is no minimum residency time, you just have to be on the electoral roll at the time they send out the ballot papers. Takes about 6 weeks ish to get your name added to that.

MercilessKiller

Has anyone seen it where the counci/police have been involved due to supposed tax evading of someone living with a student?

What i'm getting at is that is it an unenforced law where students are concerned and is it more of a law aimed at foreign families for example..?

p.s her mum and dad and brother live at home not just her mum.. (and her bro is 21+)

WillD_2

Gem is talking sense, thinking about it again, I think that 3 out of every 4 weeks is the definition of living, but i'm still not certain.

the council are unlikely to spend resources staking out a student property just in case a non student lives there. But you are still breaking the law and that is something you must consider.

It is also probably illegal for her to be on the electoral role and/or vote where she isn't living (i.e. at her family home), but i'm not sure about that, and again the chances of being caught are remote.

I also think that the council tax records and electoral roles are separate, but electoral roles are public documents so easily accessible to anyone, including your Council.

Gem_

If they catch her then the worse they will do is make her pay the bill. It would only be if she tried to fight it after getting caught that they would ever concider the CCJ / prison route, this is only for extreme cases.

I hid from council tax for 3 months between finishing my degree and starting my masters, was living alone so I knew I would get caught but at the time I just could not afford to pay the bill so was just buying time. (I hasen to add that I did intend to pay it not actually expecting to get away with it). Anyway 4 months of stalling later I paid up. But the council didnt charge late frees of expect payment in a lump sum. They are actually very gentle with council tax evasion - in the short term.

- this was the same council as you are refering to.

Gem

MercilessKiller

If she applied for a full time job in stafford.. would using the student address effect anything? or should she use her home address and get post forwarded ?

Thanks

Dead_Eye_Jones

tbh most of the relationships I saw at the start of Uni were over by the end, people change a lot during those 3 years. Dont get me wrong, if its meant to be its meant to be, so best of luck. My relationship survived 2 years apart, although after Uni.

Most of my mates were hassled by the council tax collecters throughout Uni. Generally we found they assumed we had to pay it and we had to fight hard to get out of it, I know peeps who went to court over it, they got to the point where it was like OK lets let the council make a fool out of itself, theres only so many times we can tell them we're students. Obviously I wouldnt want to be in that situation if there was a non-student there, you could find yourself lying in court.

By the sound of it, she will be 'living' at the address so she should pay, cummon, play the game, she'll be using the resources and she'll be earning, she has a responsability to pay the tax. Actually having said that it does suck that she'd have to pay 75% by herself as it will be a large fee on that large house...

MercilessKiller

that last bit you said is the reason Plus then the landlord would know there are others living there and he wouldnt be happy!

As for the first bit the relationship is fairly new.. but after first year of uni so we've both matured through the whole "teenage change" phase.. any changes now will prob be to do with expectations of live and futures etc.. but atm both our futures look good with each other AND our career prospects, and they go well together!

Its better than not trying at all anyway... even if it doesnt work out