Council Tax-Joint and Several Liability..

C_Mababejive

OK peeps,I'm sure someone has been faced with this one.

Consider this scenario whilst bearing in mind that it doesnt apply to me. Its simply a friend of a friend.


Two unmarried persons live together in a house and they both have joint ownership.

Relationship ends.

Male partner moves out for six months and goes living/renting elsewhere.

Unknown to him,female partner no longer pays CT for the six months and eventually moves out.

They cut a mutually agreeable deal,she gets money and he takes house plus extra mortgage costs.


He then finds out that LA are billing him for the missing 6 months simply because the LGFA 1992 says they are joint and severally liable.

It seems to me that if that is the case,they should also send same bill to female yet they refuse to do so as they dont know where she lives and the LA say it isnt their responsibility to enquire at neighbouring LA to obtain her details.

Over to you peeps..

charlieann

If he's moved out for the time they are claiming for then would he not be registered to be paying council tax else where?
I'm assuming if he can prove he was registered as living elsewhere and paying council tax they cant chase him for this payment.

Edit: Just re-read he is homeowner. Is it not his responsibility to inform the council he is no longer living there, sole occupancy discount would apply. Although as an owner and not just tenent, would have thought he is still responsible but should be chasing up the partner to recoup payments.

DVardysShadow

This is where you need to look http://www.legislation.gov.uk/ukpga/1992/14/section/6 - Plus various posts by user CIS containing the word 'hierarchy' or 'hierarchy of liability'. How the hierarchy works is explained under 6(1)

With this situation, the complexity is that on different dates, the parties would be at different points in the hierarchy of liability.

• While they both lived there, they were both liable under 6(2)(a) - this is Joint and several under 6(3)
• For the period the female resident was the sole resident, she would be liable in full - but would have been entitled to single person discount under 6(2)(a).
• Once she moved out, both are liable under 6(2)(f)

That is my take on it, anyway.

CIS

DVardysShadow is correct:

Two unmarried persons live together in a house and they both have joint ownership.

So both liable for this period.

Male partner moves out for six months and goes living/renting elsewhere.

As his main residence is now elsehwere he ceases to be jointly liable under section 6 of the LGFA 6. This means that as per section 6 the council tax liability falls on the occupier.

Unknown to him,female partner no longer pays CT for the six months and eventually moves out.

At this stage no one is resident and therefore the joint owners are liable for any council tax due from the date the property became unoccupied.

C_Mababejive

Thanks CIS..with regard to the paragraph "unknown to him,female partner no longer pays CT..." At that point she was resident as the sole occupant and joint owner. Male was practically homeless and couch surfing so not registered elsewhere to pay CT. tnx

CIS

At that point she was resident as the sole occupant and joint owner

Male was practically homeless and couch surfing so not registered elsewhere to pay CT

He would need to show that he had no intention to return to the property to satisfy the council he was not resident for council tax purposes otherwise he'll be classed as resident and liable for council tax.

pinkshoes

He needs to prove that he did NOT live at the property, which is going to be difficult if he wasn't registered for council tax anywhere else. Where was his post being sent to?

Could he get someone to write a letter to state that he was sleeping on their sofa? (preferably someone who didn't have a 25% sole occupancy discount!!).

He should have notified the council when he moved out, and given his new address.

CIS

Could he get someone to write a letter to state that he was sleeping on their sofa? (preferably someone who didn't have a 25% sole occupancy discount!!).

He would also need to demonstrate he had no intention to returnto the property.

C_Mababejive

Thanks all for your input so far...