Real life MMD: Is the council tax bill mine?

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  • CIS
    CIS Forumite Posts: 12,260
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    Nick_C is correct - unless the new occupier is on the same level of the hierarchy of liability as the two brothers (i.e joint tenant or owner) then he has no liabilty for the council tax and this cannot claim CTB.
    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.
  • monaleezza
    monaleezza Forumite Posts: 6 Forumite
    If you use the same services as your brothers then of course you should pay your share.
    They are putting you up, housework does not pay your way financially.
    Why would you not be WILLING to contribute? If you were living on your own you would be raking up your own gas, electric and water bills with nobody to share those with! So just give them what you would have been paying all along. It's only fair!
  • cw18
    cw18 Forumite Posts: 8,604
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    monaleezza wrote: »
    Why would you not be WILLING to contribute? If you were living on your own you would be raking up your own gas, electric and water bills with nobody to share those with! So just give them what you would have been paying all along. It's only fair!
    JSA/ESA/IS is not supposed/designed to cover Council Tax payments - that's a totally seperate benefit, which this person is NOT ENTITLED TO as she/he has no liability according to the rules.

    As this appears to be the only bill that's become an issue within the household, then I assume he/she is already paying towards the other utility bills
    Cheryl
  • zzzLazyDaisy
    zzzLazyDaisy Forumite Posts: 12,497
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    I know that this question has been poised as a MORAL dilemma, but we have also been told that this is a real query with a real person who is seeking information about her situation.

    In those circumstances I find it very worrying that a number of people have purported to provide factual information about how council tax (and council tax benefit) is calculated which is quite plainly wrong and very misleading.

    In my view MORAL dilemmas should stick to just that, and not stray into territory where readers could be misled or confused about how the law works in real life.

    Just my two-pennorth.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Mad_Mum_2
    Mad_Mum_2 Forumite Posts: 10 Forumite
    gaily wrote: »
    I would expect to pay a 1/3 of the biills for the running of the house. Yes, the brothers are getting a better council tax rate by having you live there, but you are benefitting from a larger house than you would have had on your own or a council dump - or possibly, no house at all.

    .

    Since when does having a council house equate with living in a dump? :mad:

    As for the OP, I think the fact they want you to pay Council Tax even though you can't afford it suggests to me that there are deeper issues bothering your brothers and that you should all sit down together and talk it through. Good luck!
  • meher
    meher Posts: 15,912
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    edited 30 May 2010 at 10:45PM
    I thought there was an obligation to let the council be informed of the status of occupancy; if you follow that you'd save on that and it would be unkind of your brothers to demand from you and even if they do, don't let it make you feel guilty. Refuse to pay and that's the end of that dilemma. You say you do housework and that's contribution enough. It's their obligation to treat the faith you placed in them when you moved in with respect and not exploit your vulnerable situation. Your brothers could go for a retreat; the session would clarify what is essential in their lives and if you can afford, you could offer :D to pay for that.
  • vexon
    vexon Forumite Posts: 2 Newbie
    I think you need to seriously investigate the TRUE cost of living on your own & see which is more beneficial to you. I suspect it will be living with your brother if all you're expected to contribute is a bit of council tax money (you haven't mentioned any other costs) & some cleaning duties (as a mother of 2 I do fully appreciate the value of this).
  • miriamm
    miriamm Forumite Posts: 11 Forumite
    The original post doesn't say that the brothers are tenants - one or both could be the owners of the house. Either way, they are likely to be held to be liable by the council before the poster; however this doesn't meant that the poster is not also liable, or that s/he couldn't get some council tax benefit, or that that the main liable person couldn't get some second adult rebate. Not enough info is given to tell us any of this.

    I would say:
    1. get down to your local CAB - they can give you full advice about the council tax rules that apply to your individual situation. Then if it sounds like a goer, apply for CTB, and/or get the main liable person to apply for second adult rebate.
    2. in any case, decide how much you are going to contribute towards household bills. JSA is meant to cover utilities and food, so it's only fair to contribute something. Doesn't have to be as much as a third if the house/bills are big and JSA is your only income, but something.

    And PS - if you lived on your own, and were on benefits, you WOULD still have to pay Council Tax. You do NOT get let off Council Tax because you are on benefits. The difference is, you pay it by claiming Council Tax Benefit to help with the cost. But it is still you who is responsible for making sure it's paid. If you don't put in a CTB claim, it's you the Council comes after!
  • CIS
    CIS Forumite Posts: 12,260
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    The original post doesn't say that the brothers are tenants - one or both could be the owners of the house. Either way, they are likely to be held to be liable by the council before the poster; however this doesn't meant that the poster is not also liable, or that s/he couldn't get some council tax benefit, or that that the main liable person couldn't get some second adult rebate. Not enough info is given to tell us any of this.
    Unless the OP is of equal liability under section 6 of the local government finance act 1992 with the person who has the highest insterest (eg joint tenant or owner then they have no Council Tax liability and cannot claim CTB.
    1. get down to your local CAB - they can give you full advice about the council tax rules that apply to your individual situation.
    From experience (I work in Council Tax recovery) CAB can usually give no more advice then you'd get going direct to the council, they very rarely know the ins and outs of the relevant regualtions and frequently give out advice that is misleading. The technical explanations that have already been given are more indepth than CAB will offer.
    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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