Mon to Fri lodger & single occupancy c\tax discount

echo23_2

Hi

Would be grateful for any advice from others on an issue i have encountered with local Council.

Despite what I've read re entitlement on various rent a room guidance websites, my local council is refusing to allow me to retain my 25% single occupancy council tax discount even though I will only be letting room to a Mon to Fri lodger who works locally but who will be paying own full council tax on his family home which he returns to at weekends.

Can they do this? Aren't all councils consistent in allowing this and can I appeal this with Valuation Tribunal?

Any advice appreciated.
Thanks

pyueck

Based on my understanding you are not entitled to a single occupancy, as 5 days a week means that the other person is spending the majority of the time at your property and therefore you are not a single occupant.


There will be a complaint's process at the council.

echo23_2

Thanks for reply.

I am perplexed however since on most websites I've come across where there are refs to Mon to Fri letting of a room (or what could turn out to be in my case only Tues to Thurs night stay a week, as indicated is more likely by interested lodger) it states this discount can be retained due to it not being lodgers primary home their CT is paid on??

Is there anyone out there who have been able to retain this?

Thanks in advance

pyueck

echo23 wrote: »

Thanks for reply.

I am perplexed however since on most websites I've come across where there are refs to Mon to Fri letting of a room (or what could turn out to be in my case only Tues to Thurs night stay a week, as indicated is more likely by interested lodger) it states this discount can be retained due to it not being lodgers primary home their CT is paid on??

Is there anyone out there who have been able to retain this?

Thanks in advance

You may be right, complain to your council, it is for them to decide and if you disagree you can appeal and ultimately go to court.


It is a complex area with a lot of case law.

echo23_2

From my understanding from an advisory website I came across defining responsibilities for paying council tax , copied and pasted:

"There is one Council Tax bill for each home. Usually the person living in the property has to pay the bill.

The person at the top or nearest to the top of the following list has to pay the bill:

lives in the property and owns it
lives in the property and has a lease
lives in the property and is a 'statutory' or 'secure' tenant
lives in the property and isn't a tenant but has permission to live there
has a lease of six months or more on the property, but doesn't live there
owns the property but doesn't live there

Certain people aren't counted when working out the number of adults who live in your home. If the property isn't the main home of the people living there, then a discount may also apply.

A “resident” is a person of 18 years or over who lives in the dwelling as their only or main home.

Whether a property is treated as your main home will depend on a number of factors, such as how much time you spend there and whether it is your family home. You cannot have more than one main home for council tax purposes."

As you can see from the above advice this seems potentially a grey area...

I live in and own the property - so it is clear I pay the bill.

People who are not counted - if it is not their main home discount may apply - this seems to be an area where there are no absolute guidelines and as I am finding out are clearly subject to the vagaries of local councils

In the case of a lodger who has a family in their 'other' home, it does not seem unreasonable to argue that this is their 'main home', in which case, I feel that I would be justified in arguing I should only be paying the Council Tax as a single resident.

The information I have gleaned from the various websites regarding part time lodgers is not clear - hence my query regarding whether others on this forum have been succesful in retaining their discount from their local councils.

booksurr

you have correctly summarised the Hierarchy of Liability rules and the fact that "main home" is not defined in law

I would also agree that where someone "clearly" has a "home" elsewhere then a Mon - Fri lodging does not normally mean loss of SPD for the LL, however, as you can see interpretation is subjective

there are at least 2 people on these boards who work in council CT depts and often respond on CT questions - wait and see what they say (CIS and Elmo)

Annie1960

I was under the same impression as you, namely that your lodger would only be eligible for CT on their main home.

Have you asked the council, in writing, for a definition of 'main home"?
Have you spoken to the right person at the council?

CIS

echo23 wrote: »

Hi

Would be grateful for any advice from others on an issue i have encountered with local Council.

Despite what I've read re entitlement on various rent a room guidance websites, my local council is refusing to allow me to retain my 25% single occupancy council tax discount even though I will only be letting room to a Mon to Fri lodger who works locally but who will be paying own full council tax on his family home which he returns to at weekends.

Can they do this? Aren't all councils consistent in allowing this and can I appeal this with Valuation Tribunal?

Any advice appreciated.
Thanks

I would disagree with the council based on what you have said.

If the lodger retains a main home elsewhere and returns to that address then it remains his 'sole or main residence' for council tax purposes and he is not deemed to be resident at your property for purposes of council tax. Are you sure he's remained registered as living at his home address ?.

You need to appeal to the council and then to a Valuation Tribunal if you still dispute the decision.

elmer

Can your lodger provide a bill from his council confirming that he pays the full charge?

If you can, I would appeal and send in the bill, your council may be more difficult if your lodger can't produce a bill for proof.

elmer

CIS

elmer wrote: »

Can your lodger provide a bill from his council confirming that he pays the full charge?

If you can, I would appeal and send in the bill, your council may be more difficult if your lodger can't produce a bill for proof.

elmer

I agree, proof is what you need.

echo23_2

Hi

Thanks for replies.

I spoke to a Revenues Advisor at Council Tax office (Surrey Heath) and she kept on mentioning their policy re Council Tax and second homes, which I didn't think was particularly relevant.

I have an interested lodger who has already viewed room and told me he pays CT at his own family home in Kent where his wife & children reside.

He has asked if we could negotiate rent down a bit based on a) I will get to keep my 25% SPD due to disregard of his occupancy and CT liability at his main home and b) he only needs room 3 nights a week - Tues to Thurs.

So this is largely research to help me make an informed decision on whether to offer room to him or not prediminantly based on chances of a) coming off.

I guess the risk is even if he can provide proof it could still be a no-no rom my council...so I appeal







.