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Council Tax - wife/husband in separate properties

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jem16
jem16 Posts: 19,630 Forumite
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Can anyone help with what Council Tax would be owing in this scenario.

Husband stays in one property all year round. Wife stays (because of work commitments) in another property during the week and joins her husband at the weekend. Both properties jointly owned.

At the moment both stay in the same property during Monday to Friday and spend the weekend in the other property. Full council tax is paid on the one property with a 10% reduction for the 2nd property. Both are due to retire in the next 3/4 years and the plan at that point would be to sell up the 1st property and move into the 2nd property.

They just wondered what would happen if the husband was forced to retire early through losing his public sector job and went to live in the 2nd property where he could probably pick up casual work better.

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  • CIS
    CIS Posts: 12,260 Forumite
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    They just wondered what would happen if the husband was forced to retire early through losing his public sector job and went to live in the 2nd property where he could probably pick up casual work better.

    Sole or main residence issues are a pain the backside to decide on but I would say that the 2nd property would remain his second home and property 1 would remain his sole or main residence from what has been said here.
    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.
  • jem16
    jem16 Posts: 19,630 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CIS wrote: »
    Sole or main residence issues are a pain the backside to decide on but I would say that the 2nd property would remain his second home and property 1 would remain his sole or main residence from what has been said here.

    Thank you.

    Would it make any difference if both houses were not jointly owned?
  • CIS
    CIS Posts: 12,260 Forumite
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    Simple answer - No.

    Long Answer - They could try and convince the council they have the separate 'sole or main residences' and the house ownership would come in to that however as the man is planning to live in the property only for work then it would most likely still be deemed that he is resident at property 1 and not 2 for council tax purposes. Its a very complicated area and there's quite a lot of case law.
    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.
  • jem16
    jem16 Posts: 19,630 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CIS wrote: »
    as the man is planning to live in the property only for work then it would most likely still be deemed that he is resident at property 1 and not 2 for council tax purposes. Its a very complicated area and there's quite a lot of case law.

    No the man would be living in Property 2 permanently.

    His wife would continue to live in property 1 Monday to Friday whilst she has her job and join her husband at weekends.
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