council tax - fraud letter

CIS

She has been lodging on a Mon-Fri basis elsewhere

For what purpose ? - work, study etc (it makes a big difference).

booksurr

frankie1star wrote: »

gulp, it's not very clear really, but she hasnt lived at my house for a good couple of years. I also thought on a M-F basis the landlord didnt have to pay council tax and could earn up to £4800 before tax

precisely, with a Mon - Fr lodger there because of work the landlord does not have to declare the lodger for council tax purposes as the law says the lodger's main residence will be elsewhere thus allowing the LL (if applicable) to claim single person discount , if they are alone obviously, but also meaning that you absolutely cannot claim SPD as it very much is your daughter's main residence.

I share your sentiment about electoral registration, it is just a name and address on a bit of paper, it has no real meaning in terms of residence, but that is not how the law sees it. The law says electoral registration is one (only one mind you) test of where someone has their main residence.

the fact a LL can earn £4,250 pa in rent tax free is utterly irrelevant to whether your council tax position is valid

Kynthia

Your daughter appears to be living at two addresses, one Mon-Fri and one at the weekends. One of these legally is her primary residence, so which is it? This should be where her she keeps the majority of her belongings, has her bank accounts and driving license registered, has her post delivered, is registered on the electoral roll, etc. Although you don't have to do everyone of these at your primary residence the majority of them are an indicator of which address it is and this is where you should be liable for council tax.

A landlord who has a lodger can use the rent a room scheme to earn a certain amount of rent without paying income tax and this has nothing to do with council tax.

G_M

Kynthia wrote: »

Your daughter appears to be living at two addresses, one Mon-Fri and one at the weekends. One of these legally is her primary residence, so which is it? This should be where her she keeps the majority of her belongings, has her bank accounts and driving license registered, has her post delivered, is registered on the electoral roll, etc. Although you don't have to do everyone of these at your primary residence the majority of them are an indicator of which address it is and this is where you should be liable for council tax.

As Kynthia says above

You have also not answered

* why she spends Mon-fri in lodgings (student?)
* whether her contract/rent there includes weekends (though she chooses to 'visit' you)
* whether she still has a bedroom, clothes, possessions at your house
* which address she uses for :
- bank
- HMRC
- DVLA car insurance
- employer
- etc

All these are indicators of primary residence, along with voting etc, though no one item alone is enough to prove one way or the other

To be honest, if I were the CT inspector, I would assume she lived with you but stayed in lodgings during the week for work.

Your best option is to cooperate fully, explain the set-up, explain why you thought you were entitled to the single person discount, and be prepared (offer?) to pay the extra amount back-dated.

Trying to bluster or lie will result in court, and not only back payments, but a fine as well.

giraffe69

When you day she is lodging Monday to Friday, does that mean she lives with you at the weekend?

I don't think this question from Post 2 is going to be answered which says a lot!

gfplux

Sadly op from all the information you have given it looks as though you have committed fraud in claiming you are living alone and getting the discount.

dimbo61

The young lady is a LODGER monday to friday and NOT living in a HMO!

"Someone who lives in a house of multiple occupancy would not be liable for council tax - the landlord is. Therefore it is perfectly possible not to be liable for council tax."