Electoral Register.... Does it matter?

diego_94

Hi all, bit of advice needed. I have split up with my partner (not married) about 4 months ago. We have a joint mortgage, and have been carrying on paying my share since. I have moved back in with my parents since. Now the electoral register has come through the door, and she wants to remove me from it. If I am removed, does this effect my rights in any way?

DVardysShadow

It will affect your ability to get credit, eg a mortgage once you have sorted out your situation. If you still intend on keeping post going to your old address and do maintain a presence there, it may be better to stay on the register at that address, otherwise register where you are now - note that there is some value in continuity of address She may want you off to get Council Tax discount, but if you are paying half the mortgage, I would say it is your choice

Cheeky_Monkey

I don't think it is the OP's choice.

It is a criminal offence to provide inaccurate or false information on the form and the OP's ex-partner could face a fine if she says that he lives there when he doesn't so I think she's quite right.

She is also entitled to apply for the Single Occupancy discount but can't all the time he is registered at the same address.

It's quite simple - the OP should just put their name on their parent's form as that is where they actually live

DVardysShadow

Cheeky_Monkey wrote: »

I don't think it is the OP's choice.

It is a criminal offence to provide inaccurate or false information on the form and the OP's ex-partner could face a fine if she says that he lives there when he doesn't so I think she's quite right.

She is also entitled to apply for the Single Occupancy discount but can't all the time he is registered at the same address.

It's quite simple - the OP should just put their name on their parent's form as that is where they actually live

Disagree. It is the OP's choice as to where to be registered - and the home which he is paying half the mortgage for is at least as valid as his parents' home.

Cheeky_Monkey

I think you are missing the point DVS. The form clearly states that you must include all those living at the address at the time.

Obviously, if the OP is not living there but is living with his parents, then his name should be on his parent's form not his ex-girlfriend's.

If the OP's g/f has got the form then it's all a bit academic anyway as she has probably already crossed his name off and sent the form back.

If the form is in the OP's possession, all his ex-g/f has to do is phone the Council and explain that he hasn't lived at her address for 4 months and give them his parent's address and they will investigate.

Who pays the mortgage on the property has got nothing to do with it.

Debt_Free_Chick

diego_94 wrote: »

Hi all, bit of advice needed. I have split up with my partner (not married) about 4 months ago. We have a joint mortgage, and have been carrying on paying my share since. I have moved back in with my parents since. Now the electoral register has come through the door, and she wants to remove me from it. If I am removed, does this effect my rights in any way?

You can only be registered at your place of residence. If you have two places of residence and spend equal amounts of time there, you can be registered at both addresses.

However, residence is the key. It seems that you no longer reside at your previous home so your ex is absolutely right to remove you from the electoral register, for that postcode.

You should register at your current address. This way, you will not be disadvantaged as you will remain on the electoral register, but simply at a different address.

See here

DVardysShadow

'living at' is actually dumbed down speak for 'having residence at'. If OP wants to keep his address at the house he pays for and does maintain a presence there, in the absence of any formal legal definition of 'living at', it is OP's choice as I see it. Granted OP does say that he has moved back in with his parents - that may not be a permanent arrangement, he may be there temporarily to escape DV. But he will still have right of residence in the house he pays for.

And if OP's gf has sent the form back with his name crossed off, it is still not academic - he can appeal. What is more, if he can show that he should have been on the form, she may be up for prosecution. It is a serious matter to exclude someone else from electoral enfranchisement. The idea that the gf could get the council to 'investigate' ie establish which of his toothbrushes in the 2 addresses is the most used, while probably true, is ludicrous. As long as OP does not register on the Electoral roll at more than 1 address, there is not a lot the council can do as I see it - apart from decide that GF has denied OP his democratic rights.

About the only circumstances that I can see OP being excluded from the electoral role at the address is if there is a court mediated settlement excluding him from the property

DVardysShadow

Update and correction. It is possible to be registered to vote at 2 addresses http://www.electoralcommission.org.uk/faq/voting-and-registration/i-have-two-homes.-can-i-register-to-vote-at-both-addresses

From the link

A person’s name may appear on the electoral register only if they reside at an address within the electoral area. Residence is not defined in law, but it has been held by the courts to entail a ‘considerable degree of permanence’.

Given this, it would be relatively easy for OP to register at both addresses - and the house he pays a mortgage on would be a fair place to be registered if the arrangement with parents was temporary. I doubt that there is an Electoral Registration Officer in the land who would deny him registration at the same address as his ex gf if he maintained any sort of presence there.

Debt_Free_Chick

DVardysShadow wrote: »

Update and correction. It is possible to be registered to vote at 2 addresses http://www.electoralcommission.org.uk/faq/voting-and-registration/i-have-two-homes.-can-i-register-to-vote-at-both-addresses

From the link


Given this, it would be relatively easy for OP to register at both addresses - and the house he pays a mortgage on would be a fair place to be registered if the arrangement with parents was temporary. I doubt that there is an Electoral Registration Officer in the land who would deny him registration at the same address as his ex gf if he maintained any sort of presence there.

But what would be the advantage of this?

Debt_Free_Chick

"A person’s name may appear on the electoral register only if they reside at an address within the electoral area. Residence is not defined in law, but it has been held by the courts to entail a ‘considerable degree of permanence’. Based on this criteria, it is possible for a person to be registered to vote in two different electoral areas. A person with two homes who spends about the same amount of time in each can be lawfully registered at both addresses. However, it is unlikely that ownership of a second home that is used only for recreational purposes would meet the residency qualification. Ownership of a second home that a voter pays council tax on but is not resident in does not qualify them for electoral registration in that area. It is for the local Electoral Registration Officer to decide in the light of an individual voter's circumstances whether they may be said to be resident at an address, and therefore eligible for registration. Electoral Registration Officers are required to consider each case on its own merits."

Bold is my emphasis

http://www.electoralcommission.org.u...both-addresses

DVardysShadow

Debt_Free_Chick wrote: »

But what would be the advantage of this?

I doubt there is much advantage in registering at both, but as I see it there is some considerable advantage in remaining registered at the address he pays half the mortgage on. Firstly his electoral address aligns with his mortgage, which shows that his is rooted and how. Secondly, if the arrangement with his parents is in any way temporary, it is one less address change on his credit record.