Temporary separation & council tax

swlondonmum

Hi, I'm not sure which is the right forum but this seems to be the closest.
To cut a long story short, my husband and I lived abroad for a year and a half and recently my daughter and I returned to the UK. My husband is due to return this year. We had some personal problems while we were away and I returned before him partly for this reason and partly for practical reasons (job hunting etc).
Anyway my daughter and I have moved back into our old house which we rented while the three of us were in Thailand. I applied for the single adult discount as I am the only adult in the property. I received a letter saying that they thought my husband was living there (as the letting agent had probably told them we were both moving back - I think they probably had to pass that on to the council which is fair enough).
I emailed to say that my husband had not yet moved back but the council replied to say that because my husband was 'intending to move back' and it was his 'main residence' he was liable too! First of all I thought council tax was based on who was living there (not who was intending to) and also his main residence is still in Thailand (eg he is still a non-UK tax resident). They also mentioned the fact that he is a joint owner (actually he isnt as he wasnt a UK resident when we bought the property though of course he has a stake in it due to our marriage and the fact that he has contributed to the mortgage, though at the moment he is not actually contributing to it).
I cant find any info on this as it is quite a specific problem but there must be other people who have been in this situation before eg where spouses do not always live in the same place/country even when they are still married (which we are - we are not necessarily going to separate permanently)
Does anyone have any idea of if I am right (and he shouldnt be counted) and also what the rules are that I can use to prove it!!
Thanks a lot - it is stressful enough doing everything by myself for my daughter and finding a job and coping with a temporary separation without having this as well!!

pmlindyloo

Mmmm, difficult one.

Have you given the council all the information about your husband? Where he is residing? Where he is working?

I suspect that you will have difficulty arguing this one after reading this:

http://www.leeds.gov.uk/residents/Pages/sole-or-main-residence.aspx

but you can but try!

Just write and tell them all the circumstances. When you went abroad, where you lived, the fact that your house was rented out when you returned, when your husband is going to return etc etc.

Good luck!

Kayalana99

Is it to late to say he isn't returning and you have returned due to breaking up?

I mean if he comes back later and you make up...then so be it... ?

CIS

I emailed to say that my husband had not yet moved back but the council replied to say that because my husband was 'intending to move back' and it was his 'main residence' he was liable too!

That's correct.