Council Tax Exemption Question

pcornall

I need a bit of advice regarding council tax exemption for students but my situation is a little complicated. I bought a flat a year ago in my name only and got married a few months later. My wife was studying full-time last academic year and upon graduating managed to get a job some distance from the flat. Because of the distance, she now rents a room in a house and lives about 2 hours drive away. She lives there the majority of the time and I go visit her sometimes at weekends and sometimes she visits me.

However, I have now started a full-time 1 year postgrad course. The council have said I can have 25% discount on the council tax because they say the flat is still my wife's permanent residence and her new residence is only temporary. However, she has no intention of returning to this area and as soon as I finish my course, I'll be moving down to where her job is (and probably rent out my flat).

So my confusion is that I don't understand why the council consider this to be her permanent residence and will not give a 100% discount to council tax. I pay all the rates, bills, etc for the flat and do not get a contribution from my wife and the mortgage deeds etc are in my name only. Thus we effectively maintain independent household arrangements with her paying for her lodgings elsewhere.

The council have been fairly vague about why they consider the flat to still be her permanent home, but I feel like either I or they are missing something. I could have completely misunderstood the rules somehow, and if that's the case it'd be great if someone could put me right. However, if the council are in fact wrong, I'm not sure what I can do to dispute their decision.

If anyone has any advice, I'd greatly appreciate it!

nannytone_2

is she on the electoral role as living at her rented accomodation, and does she pay council tax there?

pcornall

I'm not sure about the electoral role, but she pays a set amount each month that includes all her bills (excluding phone) so that covers a contribution to ulilities, council tax, etc etc. If it's the case that she's still down electoral role here, would it just be case of changing it over to her new location?

CIS

My wife was studying full-time last academic year and upon graduating managed to get a job some distance from the flat. Because of the distance, she now rents a room in a house and lives about 2 hours drive away. She lives there the majority of the time and I go visit her sometimes at weekends and sometimes she visits me.

The council are correct from what you have posted, Moving away from a property and renting elsewhere for work purposes will not usually remove the property as her 'sole or main residence'. Taking in to account that you are still resident and that she could return to the property (which you own so have security of tenure) if she lost her job then I can't see any reason why the property would not be regarded as her 'sole or main residence', at least until you have finished your course.

The fact she may have be liable for council tax on the the property and/or registered to vote has almost no bearing on the 'sole or main residence' determination.

pcornall

Seems to me I'm just going to have to take it on the chin then. I can't really get my head around the logic though - her only link to the property is being my wife effectively, but in theory has to pay the council tax for a flat she doesn't own or live at simply for being married to me.

CIS

Seems to me I'm just going to have to take it on the chin then. I can't really get my head around the logic though - her only link to the property is being my wife effectively, but in theory has to pay the council tax for a flat she doesn't own or live at simply for being married to me.

The fact she is your partner, under most cases, makes her jointly responsible for the council tax due at the property, irrespective of whether he name is on the title deeds with your name or not. You are a couple, you own the property, she has no security of tenure at the rented property but does at your 'home', if her job ceased she could easily return to live with you at a property she has previously lived at - its a little more than just being married to each other.

As far as council tax is concerned she is your resident spouse/partner and therefore because the property is her 'sole or main residence' she is the one who is actually liable for the council tax on the property as you are a disregarded student.

paddedjohn

get a tennant into the flat and rent yourself somewhere else with the proceeds.