Help Needed - Student Council Tax Reduction

educatingmyself

CIS wrote: »

Sole or Main residence can be split - you can have one sole residence or many residences with one being your main residence.

At the gueshouse there will be part of the property banded for council tax - its the residence of this part which would have been looked at.

If they decide that you were resident at the property with your daughter then your sole or main residence cannot be at the guest house and you would be due a reduction on that as a second home (they cannot deny you were splitting your time between the two) - this discount varies between 50% and 10% based on the local authority (as of 1apr2008).

How much is owed ?

Thank you again CIS for your comments.

I am being charged approx £6,000, I do not have the documents to hand, but as they have added the next year and the next year it just keeps growing!

Could I ask for a liability Tribunal hearing for the guest house? This would give me the opportunity of producing my evidence at least?

EM

CIS

Your previous appeal was with respect to the house so you can appeal against the council tax decision on the guest house to charge you full council tax on the basis that you were supposed to be resident elsewhere e.g the house.

educatingmyself

CIS wrote: »

Your previous appeal was with respect to the house so you can appeal against the council tax decision on the guest house to charge you full council tax on the basis that you were supposed to be resident elsewhere e.g the house.

Thank you CIS

What would happen based on the evidence of being found as main residence at the guest house, ie, two findings of main residence?

Which one would prevail?

EM

CIS

It would be interesting but to determine your main residence they would have to consider the other property. If they make the decision that the guest house is your main residence then the council must alter their decision on the other property - they cannot go against the Valuation Tribunal decision.

educatingmyself

CIS wrote: »

It would be interesting but to determine your main residence they would have to consider the other property. If they make the decision that the guest house is your main residence then the council must alter their decision on the other property - they cannot go against the Valuation Tribunal decision.

Thank you CIS


The council for the house already have their Tribunal decision, will they not insist that it stands?

EM

CIS

A tribunal decision would have to consider the facts of any other tribunal decisions and so a new one should overrule previous decisions.

educatingmyself

CIS wrote: »

A tribunal decision would have to consider the facts of any other tribunal decisions and so a new one should overrule previous decisions.

Thank you once again CIS.

Do you think it likely that they will allow me to take it to a Tribunal or will they just give in and accept the decison made already and give me a refund of the discount?

Is it something councils usually fight back at or do they just concede? I certainly would appreciate the opportunity to present my case in full and this seems like a good option to do so. Do you think the Court would adjourn pending the outcome if it went to Tribunal?

Mind you it would drag it on and on and I have PTSD treatment on hold because the court is too much to cope with and I would not be able to cope with the added flood of emotion that is likely to occur.

EM

CIS

The council may conceed , they might fight. It all depends on who you are dealing with at the council.

Technically they can proceed with legal action and sort any tribunal afterwards but a council with any sense would hold action as I doubt it would look good to the magistrate. The court may adjourn the hearing at their discretion or at the councils request.

educatingmyself

CIS wrote: »

The council may conceed , they might fight. It all depends on who you are dealing with at the council.

Technically they can proceed with legal action and sort any tribunal afterwards but a council with any sense would hold action as I doubt it would look good to the magistrate. The court may adjourn the hearing at their discretion or at the councils request.

Hello again CIS

May I ask, if I present my evidence to the court can they make a ruling that would change what the Tribunal says, or will they stick with the decision in hand until something else is proven, and rule with the Tribunal decision as right on the day, regardless?

What power do they have?

EM

educatingmyself

Hello CIS


If you are still watching this thread, just to let you know, I went to Court for the committal hearing for the council tax on the house and they messed up and listed the hearing for 10 mins in the gerneral listing, ie, not the original full day or even half a day required of the full means test that they intended to do. Therefore, my legal chap requested that the whole lot was remitted because he had been there four times already and that afternoon had cost the public purse £5k alone, because I had legal aid; and given that my business is flooded and repairs not yet finished and I have no income, it is costing more to investigate the whole thing than what I owe and at the end of it all, still I will have no money to pay it!

Anyway, they did remit it! Yippee! A huge sigh of relief. This leaves my local council where I was living in a dilemma, they have to consider my property as not my main residence and give me a discount!

I have stated that this is not fair, because I have been living there, using their resources and paying for them correctly and it is not right that they should lose out. However, it appears that they will accept the Tribunal decision and give in!

I can dispute their decision and go to Tribunal and present my case, which I feel I should do in the interest of fairness. I do not feel right accepting a refund of a discount that I know I should not have, because I was living there.

What do you think? I know I am making more work for myself, but to be fair and to do what is right I feel I must!

EM