Single person discount

[Deleted User]

I have a house of my own but because I work at a residential school I live with my partner most of the time because his house is nearer to my work. My adult children still live in my house and I go back at weekends/school holidays etc

My partner was in receipt of single person discount for his council tax but has written to say he is no longer entitled as i am living there now. However, I am also paying full council tax on my own property. Is this correct? It seems a bit unfair that I should be 'taxed' twice.

I don't pay rent at my partners place and my name is not on any of the bills etc

dorsetlady

Yes, I'm sure this is correct. Whether you are paying towards the bills is irrelevant - if he doesn't live alone then he'll have to pay the full amount.

skintandscared_2

How are you taxed twice? He pays council tax on his place, and you pay it on yours. He's just lost the discount (quite rightly) because he's not living there alone. Surely your adult children contribute to your council tax on your property?!

[Deleted User]

Thank you dorsetlady - i thought this probably was the case I just wanted to check

skintandscared - what's your problem? I just asked a question: whether my adult children contribute to the council tax or not is nothing to do with you. Some people on this forum are so aggressive!

McKneff

Skintandscared doesnt have a problem. you asked a question on a public forum and so you have to expect all sorts of answers and opinions.

I dont think there was any need to be so defensive really because he/she wasn't aggresive at all, just expressing an opinion.

skintandscared_2

victoria61 wrote: »

Thank you dorsetlady - i thought this probably was the case I just wanted to check

skintandscared - what's your problem? I just asked a question: whether my adult children contribute to the council tax or not is nothing to do with you. Some people on this forum are so aggressive!

I haven't got a problem? I'm sorry if you read the post as aggressive - it certainly wasn't written or intended that way. I was merely wondering why you are paying two lots of council tax when there are adults living in your property who I would assume would be paying the council tax, in the way that a tenant does in a rented property. You are right, your bills are nobody's business but your own ... until you post details on a public forum and invite opinions But sorry if I sounded offensive, it wasn't meant.

Red_dog_Sam

I don't think this is as clear cut as so far suggested.
You can only have one "sole or main residence" - the key being that this definition recognises that you may have more than one residence and only one of them can count as your "main residence" - and for Council Tax purposes that is where you live. Your main residence can depend on a number of things - not just the amount of time you spend at each. For example - security of tenure - you own one of the properties not the other so you hold a greater interest in the property you own. You do spend time at the home you own and as your adult children live there this supports it being your family residence. What about your utilities and financial affairs - if they are all still attached to the property you own that again reinforces it as your main residence.
This can be likened to someone having two homes and staying in one during the week rather than commuting to work. Your partners house can be seen as your second home and not your main residence.
So you can reasonably argue that your main residence is the house you own - in which case you cannot be counted as living at your partners property for council tax purposes even though you spend time there. He can in good conscience reclaim his single discount.
Of course, if you genuinely think of your partners property as your main residence then the current arrangements would be right. If you are unsure just describe the situation to the council and let them make the call but based on all these relevant factors and not just time spent at each.

mynameistallulah

Red_dog_Sam wrote: »

If you are unsure just describe the situation to the council and let them make the call but based on all these relevant factors and not just time spent at each.

This - and as the OP has posted the question, they clearly are unsure, and as such should get a definitive answer. "I got told it was ok on the internet" would not be a valid defence if it went further.

CIS

This - and as the OP has posted the question, they clearly are unsure, and as such should get a definitive answer. "I got told it was ok on the internet" would not be a valid defence if it went further

These situations are a pain the !!!! to deal with and the definitive decision (short of a valuation tribunal) is the council's. Red_dog_sam pretty much comes across with the same answer I would give.

enabledebra

I would say the council are likely to consider the adult children liable under the circumstances described.


This hierarchy is set down below; look down the list and as soon as you reach a description that applies to a person in your home, they will be the person liable for the Council Tax.

• A resident freeholder (so for owner-occupied property the owner is liable)
• A resident leaseholder (this includes assured tenants under the housing act 1988)
• A resident statutory or secure tenant
• A resident licensee
• A resident
• The owner (this applies where the dwelling has no residents)

A resident is a person of 18 years or over and lives in the dwelling as their only or main home.http://www.wandsworth.gov.uk/info/200028/council_tax/16/who_is_liable

CIS

I would say the council are likely to consider the adult children liable under the circumstances described.

Its certainly a possibility, it does sound like they have moved their residence with the partner - this is why sole/main residence issues are a pain - as going back to a property they have previously lived in doesn't automatically make them resident in that property, especially when they are living with a partner most of the week.

The test would be based on what 'a reasonable person' would take to be a persons home.