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Payment of Council Tax whilst not Living in Property.
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bujin
Posts: 242 Forumite
I realise eventually we'll be led by what the Council decided in this case but I thought I'd see if anyone had any bright ideas.
My daughter is living with 3 students. One is a student who finished one course in June and was starting a new course in September,so we're not sure if his student status continued through the summer? The other two are 3rd year. My daughter was working but has had to give up work due to ill health, she was on the assessment rate of ESA at the beginning of July.
The Landlord, who had been the landlord of two of the students before, allowed all four tenants to move their stuff into the house on the 1st of July, rather than having to drive it all back to varying parts of the country, but she didn't let them move in until the 1st of September.
My daughter who is now on ESA and PIP is entitled to full housing benefit and Council Tax Support, so we were confused when she kept getting a bill for £241. We've been trying to get this sorted since September, finally I received a phone call from the Council concerned, telling me that my daughter is liable to pay for the months of July and August.
Now our problem is that, had she been living in the property in July and August she would have been entitled to full support and as such although liable to pay, wouldn't have actually paid anything at all.
Is there anyway of having a claim for Council Tax during this period? They haven't applied a 25% discount or any reduction, so we wonder is there anything we can do? Needless to say she has very little money coming in.
My daughter is living with 3 students. One is a student who finished one course in June and was starting a new course in September,so we're not sure if his student status continued through the summer? The other two are 3rd year. My daughter was working but has had to give up work due to ill health, she was on the assessment rate of ESA at the beginning of July.
The Landlord, who had been the landlord of two of the students before, allowed all four tenants to move their stuff into the house on the 1st of July, rather than having to drive it all back to varying parts of the country, but she didn't let them move in until the 1st of September.
My daughter who is now on ESA and PIP is entitled to full housing benefit and Council Tax Support, so we were confused when she kept getting a bill for £241. We've been trying to get this sorted since September, finally I received a phone call from the Council concerned, telling me that my daughter is liable to pay for the months of July and August.
Now our problem is that, had she been living in the property in July and August she would have been entitled to full support and as such although liable to pay, wouldn't have actually paid anything at all.
Is there anyway of having a claim for Council Tax during this period? They haven't applied a 25% discount or any reduction, so we wonder is there anything we can do? Needless to say she has very little money coming in.
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Comments
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Do you get any reduction for her at your address?0
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In theory they would not be a student but many council's will grant the reduction across the summer rather than bill the students and try to pursue them - if they are living in the property.One is a student who finished one course in June and was starting a new course in September,so we're not sure if his student status continued through the summer?
When did the tenancy actually start ?.The Landlord, who had been the landlord of two of the students before, allowed all four tenants to move their stuff into the house on the 1st of July, rather than having to drive it all back to varying parts of the country, but she didn't let them move in until the 1st of September.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.0 -
A couple of important things first.
When did your daughter's tenancy agreement begin? Sorry, unclear from your post?
Does each tenant have their own tenancy agreement or is it a joint one?
This accommodation is likely classed as a House of Multiple Occupation and as such for CT purposes the liability for rent will depend on whether they have single tenancy agreements or a joint one.
http://www.brighton-hove.gov.uk/content/council-tax-and-benefits/council-tax/council-tax-and-houses-multiple-occupation-hmos
Also need to know when tenancy agreement started to find out if your daughter has liability.0 -
Yes sorry, this is where the problem lies. The Tenancy Agreement actually states that the Tenancy is from the 1st of July. We presume that the Landlord believed that they were all students and according to the list of exemptions on properties would have meant that the property would have been exempt over the summer.
I've since found out that the student who finished one course and started another, actually left his course in the January, so I don't think he would have been classed as a student. Our argument really is that had she been resident she would not have been paying although liable to pay.
We actually asked the Housing Benefit Dept about this situation because she had to pay half rent during July and August and wondered if she could claim this but was told she would not be classed as a resident, so wouldn't be able to claim for those two months, but it seems she can be classed as resident when it comes to Council Tax?
The Tenancy is a joint one. The only thing is that on the wall in the hallway of the property, is a poster stating that the house is an HMO?0 -
Was anyone actually living in the property during July and August ?We actually asked the Housing Benefit Dept about this situation because she had to pay half rent during July and August and wondered if she could claim this but was told she would not be classed as a resident, so wouldn't be able to claim for those two months, but it seems she can be classed as resident when it comes to Council Tax?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.0 -
No one can claim council tax reduction (formerly council tax benefit) on a property they are not resident in. She's liable for the council tax charge by virtue of the tenancy agreement (she does not need to be resident to be liable for the charge), solely so if the other two were students for the period.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.0
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its slightly different, but the principle is the same ....
when i moved from London i had to pay 4 weeks rent for the notice period, but they waived the council tax for that period as i wasn't living in the property.
but i had been added to someone else council tax bill0 -
Well it seems then that she is liable. We had misleading advice about this in the beginning despite us asking these questions right at the beginning and only today have been told she owes it. She could have gone to live there instead had we been told this when we asked and claimed rent and council tax for her.
It would seem though that there is a student who would also be liable for the charge so it should at least be halved. Eitherway she'll have to ask for a payment plan as there's no way she can afford to pay in one go.0 -
No one can claim council tax reduction (formerly council tax benefit) on a property they are not resident in. She's liable for the council tax charge by virtue of the tenancy agreement (she does not need to be resident to be liable for the charge), solely so if the other two were students for the period.
Hopefully wouldn't be solely as there are 3 students not two one of whom wasn't a student when the tenancy was taken out.0
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