council tax question

sarahlou10

me and my ex bought a flat 3 years ago we have since split. long story short we currently share the flat here for half the week each as cant afford to sell right now. im thinking of taking it on but will need to keep him on the mortgage until the value goes up and we can sell. what i wanted to know is if there are two people on a mortgage but only one person lives there can you still claim single person council tax?

HappyMJ

Yes that's fine. He must have another address at which he lives though. He cannot continue to use this address for voting from or for applying for credit from.

lincroft1710

If he moves himself and all his belongings from the flat, you can apply for single person discount. If he leaves any belongings there (as opposed to abandoning them), then the council may consider he intends to return and thus refuse SPD.

Turk47

sarahlou10 wrote: »

me and my ex bought a flat 3 years ago we have since split. long story short we currently share the flat here for half the week each as cant afford to sell right now. im thinking of taking it on but will need to keep him on the mortgage until the value goes up and we can sell. what i wanted to know is if there are two people on a mortgage but only one person lives there can you still claim single person council tax?

The morgage should not come into, and they shouldnt be taking that into account when they are assessing..
Council tax is assumed/or assesed on 2 people living in a property.
therefore you should qualify for a discount, but only one of you can apply at your address.. hope this helps.

Turk47

lincroft1710 wrote: »

If he moves himself and all his belongings from the flat, you can apply for single person discount. If he leaves any belongings there (as opposed to abandoning them), then the council may consider he intends to return and thus refuse SPD.

But how can a council determine whats belongings and whats abandoned?

lincroft1710

Turk47 wrote: »

But how can a council determine whats belongings and whats abandoned?

I can't give a factual answer to that one as I never dealt with that area of CT. There is quite a bit of case law where councils have refused to grant SPD as they believe 2nd adult is only away temporarily and will return, and the subject has cropped up in several threads on this board.

CIS

There is quite a bit of case law where councils have refused to grant SPD as they believe 2nd adult is only away temporarily and will return, and the subject has cropped up in several threads on this board.

The council have to be sure that the a person does not intend to return to live at the property. Assuming the council can be satisfied with this then they will grant the discount.