Council Tax - what defines your main residence?

UV

My girlfriend and me both had our own houses, and last year we bought a new house and moved in together (the new house is in my name only). She has been trying to sell her old house for about a year now without luck as houses in that area (very much a buy to let area) are simply not selling. She was "okay" with paying 50% council tax for the empty house, but now she is expected to pay 90% - more than when she was actually living there and using council services - she is not happy to say the least. She is considering telling the council that she is moving back into her house (and giving them an earful about how she can no longer afford to live with her partner and that they have forced us to split up) so she qualifies for a 25% discount.

My question is if she were to follow this path, how committed to it would she have to be to stay on the right side of the law. She is willing to stay at her old house some of the time - it is very close to her work and mum anyway - and before we moved into the new house, she stayed at my old house most nights anyway. What rules do councils use to decide what is someone's main residence? Is it as simple as where you are registered to vote? Is there a minimum number of nights per week/month she would have to stay there? Are there actual government guidelines or is it down to the individual council/council employee? If she does start to part-time live at her old house and pay council tax as if living there as her "main residence" would I be completely in the right to then claim a 25% reduction on our house even if she is still living there a lot/most of the time? (The 2 houses are in different council areas)

Thanks for any help if you can give it.

PS Before someone says it she really doesn't want to rent it out.

CIS

Sole or Main Residence issues are a bit of a pain the backside to deal with but from what you have said the home you have together would be your main home for council tax purposes - its not a simple as number of nights resident, registering to vote etc.

Stating that you have split up in order to claim a discount is fraud as your still a couple and she would (and intends) to return to your joint property to live there. You claiming a discount on that basis would also be fraud.

UV

Thanks for the reply.

Saying they have caused us to split up was just an example of the grief my girlfriend wants to give to the poor council tax office worker who answers her call. I don't think it is any business of the CT office what our relationship is, so even if she did say it, I don't see how saying we have been forced to split could be deemed as fraud. Surely what would be fraud is claiming that is her main residence when technically it is not. What I am curious to know (and it is far more hypothetical than anything) is what would decide this technicality. We are not legally partners, and other than morally what is the difference between her living part time at her old house and most of the time at our new house (which is in my name only) now, and when she was doing the same when I had my old house. Were we technically but unknowingly committing fraud then too?

You say that it is not a simple question, but there must be some guidelines surely, or is it solely down to the discretion of the person or people who may look into it at the CT office. In this case there are 2 different councils involved, is it possible that one would see it one way and the other another way?

Putting it another way, we are not at the stage where it would be financially essential for us to do this, but if it were the case how much would she have to avoid visiting our house for it not to be deemed fraud?

CIS

I don't think it is any business of the CT office what our relationship is, so even if she did say it, I don't see how saying we have been forced to split could be deemed as fraud

It is if it is used to determine council tax liability. Saying you have split is fraud if its used in order to claim discounts you are not entitled to.

We are not legally partners

As a couple living together you are legal partners for council tax purposes.

You say that it is not a simple question, but there must be some guidelines surely, or is it solely down to the discretion of the person or people who may look into it at the CT office. In this case there are 2 different councils involved, is it possible that one would see it one way and the other another way?

Its not hard and fast which is why there are reams of case law on the issue. The issue generates quite a few new cases each year.