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Council tax - is this fraud?

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Hi all,
I own my own home, and have a lodger, however, to all intents and purposes I actually live with my girlfriend, and stay at her house 6 nights a week.
I pay full council tax for my home, but my girlfriend recieves single persons discount on her property, I don't currently contribute towards any of my girlfriends utilities or housing costs, but share the cost of food with her.
Should we be informing the council that I actually live at her house, and lose the single persons discount, or is the current situation ok?

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    I'll wait for others to post re the CT position, but your Q poses an interesting complication if you use the rent a room scheme for the lodger's rent tax, since it must be your main or only home to do so...
  • lincroft1710
    lincroft1710 Posts: 18,900 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If I remember correctly CT law does not set out any criteria for main residence. From OP's brief description it seems like his GF's house is his main residence as he spends most of his time there.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your correct in that Council tax law does not define main residence but I would argue that this is his main residence at present.

    By definition a lodger does not have sole occupancy, to be a lodger an owner or tenant must also be resident. To say that he is a lodger suggests that the OP is resident at his own property, unless he provides evidence to the contrary it appears the OP also has the intention and the ability to return to his own house at any time.

    If he made the decision that he was now living permanently at his girlfriends house and no current intention to return to his own home then he will lose the discount at his girlfriends house and his 'lodger' would become liable for the council tax on the property as the resident occupier.
    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.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Council tax - is this fraud?

    I wouldn't have thought so. There's only three of you; you, the girlfriend, and the lodger. If you actually live at your home then your girlfriend is entitled to the single person discount. If you live at your girlfriend's house then your lodger is entitled to the single person discount. So overall the Council isn't 'missing out' on anything.
  • lincroft1710
    lincroft1710 Posts: 18,900 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 19 August 2011 at 4:39PM
    antrobus wrote: »
    So overall the Council isn't 'missing out' on anything.

    If OP's and GF,s homes are under different councils, in different council areas or are in different bands, then there is a possibility of a council losing some revenue.

    But if both homes in same council area and one is in a higher band and that dwelling loses the 25% discount, then council could gain.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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