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How do i prove single occupancy for council Tax?

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2

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  • anselld
    anselld Posts: 8,634 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Mango0064 wrote: »
    Their listing is back dated from 03/2002. The council have therefore applied CT from that date and required me to pay the amount due.

    Ouch! That seems a hell of a long time to backdate. I would be dubious about the legality of that.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ouch! That seems a hell of a long time to backdate. I would be dubious about the legality of that.

    The council have to charge council tax from the date set by the Valuation Office Agency.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Surely the proof is that you've been living there for the past 12 years, have paid council tax for the whole of that time, and they have awarded you the single occupancy discount without argument.
  • anselld
    anselld Posts: 8,634 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 March 2014 at 10:27PM
    agrinnall wrote: »
    Surely the proof is that you've been living there for the past 12 years, have paid council tax for the whole of that time, and they have awarded you the single occupancy discount without argument.

    What? Did you read the OP?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    anselld wrote: »
    What? Did you read the OP?

    Yes I did. The council has awarded the discount for the past 12 years, to me that is the evidence needed. If the council had any suspicion that the OP was not living alone then they should have raised it at some point during that time, not try to remove it retrospectively now.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes I did. The council has awarded the discount for the past 12 years, to me that is the evidence needed. If the council had any suspicion that the OP was not living alone then they should have raised it at some point during that time, not try to remove it retrospectively now.

    The OP has only just been billed for the period - the council weren't previously aware the property existed.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    CIS wrote: »
    The OP has only just been billed for the period - the council weren't previously aware the property existed.

    Right, I understand now, I hadn't read it in quite that way originally but now I can see that is indeed what it says. In which case I think the OP is correct that he should sign the declaration and insist that if the council want to deny the discount that they provide proof that he wasn't living there alone. After all, I've never been asked to provide proof beyond the declaration of my single occupancy status anywhere that I've lived in the past 22 years.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In which case I think the OP is correct that he should sign the declaration and insist that if the council want to deny the discount that they provide proof that he wasn't living there alone

    The onus is on the OP to show that he does qualify for a discount - if the council don't agree he is then they won't grant as they have a duty to protect public funds. If the OP still disputes the decision then they need to appeal to a Valuation Tribunal for a determination.

    The fact the OP didn't register for council tax for 12 years won't go in their favour.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • anselld
    anselld Posts: 8,634 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    CIS wrote: »
    The fact the OP didn't register for council tax for 12 years won't go in their favour.

    It is not clear if the OP failed to register or not, they may have been registered under the combined larger property.

    The OP is a tenant so it is certainly not their fault that the property was not listed separately.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    CIS wrote: »
    The onus is on the OP to show that he does qualify for a discount - if the council don't agree he is then they won't grant as they have a duty to protect public funds. If the OP still disputes the decision then they need to appeal to a Valuation Tribunal for a determination.

    The fact the OP didn't register for council tax for 12 years won't go in their favour.

    But surely the way one qualifies for the discount is to request it - as I've said, I've had single occupancy discount for the last 22 years and have never been asked by any council for anything more than the declaration. Just what proof can anyone offer that they are the only person living there, other than to have an officer from the council drop in at random times throughout the occupancy to check?
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