Council tax and owning a property

jamees

Hi

I have a query about claiming council tax, are you eligible to claim council tax on a rented property from a housing association as a single parent on WTC and CTC. But I am named on a mortgage for another property but my income has gone down and can't make the repayments so the other person is now paying all of it, but I am named on the mortgage, what will happen?

Thanks

poppasmurf_bewdley

You need to contact your local council and ask them.

jamees

is there no set rules then, dependant on each council?

NotSuchASmugMarriedNow

no \i don't think there are any set rules To be honest.

Is it to do with a relationship breakdown, because I know in those circumstances councils are usually sympathetic if someone has had to leave the marital home and rent another home but their name is still on the mortgage. Is that what happened to you?

chigley

Do you own part of the other property? Is your name on the Land Registry documents/deeds etc?

FBaby

I think the most common position in this case is to be able to claim CT benefits even if you are a home owner if the house is being sold. They will provide benefits during the time of the sale, unless maybe the person living in the house has dependents themselves or have disabilities which means that moving elsewhere could be problematic.

CIS

is there no set rules then, dependant on each council?

There are set rules but cases can get quite complicated.

Usually ownership of second property is disregarded as capital for up to 26 weeks if it is pending sale.

Here's a quick summary

Property you own but do not occupy [HB Sch 6, HB(SPC) Sch 6; CTB Sch 5, CTB(SPC) Sch 4]

The value of this property is counted as capital but you may be able to get HB/CTB even if the value of the property means that your savings are more than £16,000. This is because the value of the property may be ignored when your savings are worked out, in certain circumstances.
If the property is occupied by an elderly or disabled relative as their home, its value is not taken into account for as long as it is so occupied.
If you have recently acquired the property and you intend to occupy it as your home, its value may not be counted for 26 weeks, or for a longer period if reasonable, from the date you acquired it.
If you are trying to sell the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if you are finding it difficult to sell the property.
If you are carrying out essential repairs or alterations so that you can live in the property, its value may not be counted for a period of 26 weeks from the date you first arranged for repairs to be carried out. It may not be counted for longer than this if you are finding it difficult to finish the work.
If you are taking legal action so that you can live in the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if legal action is continuing and you cannot live in the property.
If you have left the property after the breakdown of a relationship, and it is occupied by your former partner, its value may not be counted for the first 26 weeks after you left. If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.