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Payment of Council Tax whilst not Living in Property.

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.

    Sorry, yes. I was skipping between other things whilst typing.

    Any other joint tenant who was a non-resident, non-student during the period in question should be jointly liable with her.

    Regardless of anyone else being jointly liable she would still be responsible for the full charge for the period, it's not apportioned between liable persons - any liable person is jointly responsible for 100% of the charge due for the period, 'joint and severable liability'.
    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.
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    CIS wrote: »
    Sorry, yes. I was skipping between other things whilst typing.

    Any other joint tenant who was a non-resident, non-student during the period in question should be jointly liable with her.

    Regardless of anyone else being jointly liable she would still be responsible for the full charge for the period, it's not apportioned between liable persons - any liable person is jointly responsible for 100% of the charge due for the period, 'joint and severable liability'.

    Sorry if I'm being dense but why would she be more responsible for the liability over anyone else?
  • specialboy
    specialboy Posts: 1,436 Forumite
    The students are still exempt during the summer.
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    specialboy wrote: »
    The students are still exempt during the summer.

    Yes but the point is one of the three wouldn't be classed as a student, so I'm wondering why my daughter rather than him would be more responsible for the full charge
    .
  • Voyager2002
    Voyager2002 Posts: 16,320 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bujin wrote: »
    Sorry if I'm being dense but why would she be more responsible for the liability over anyone else?

    She isn't: each liable person is liable for 100 per cent of the amount due, and the Council can choose to pursue one, the other, or both of them. Obviously it is up to the two people responsible to sort out how they will share the bill: the Council does not need to get involved with this.
  • Okay just to update they have no idea the other person wasn't a student at the time, so have basically said the charge is hers alone. She doesn't want to let them know about the other person so presuming she's on her own, would she be entitled to a single person reduction even if she wasn't living there?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    would she be entitled to a single person reduction even if she wasn't living there?

    No, she wouldn't be.
    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.
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    CIS wrote: »
    No, she wouldn't be.

    Why because she wasn't living there or because she wasn't in fact a single occupant?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 2 March 2015 at 6:22PM
    bujin wrote: »
    because she wasn't in fact a single occupant?

    This ^^^^^

    But if all the other people resident are exempt students, she should get the single person discount on those grounds. Unless the LA us aware that one of the tenants was not in fact exempt, in which case she won't get the SP discount.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • This ^^^^^

    But if all the other people resident are exempt students, she should get the single person discount on those grounds. Unless the LA us aware that one of the tenants was not in fact exempt, in which case she won't get the SP discount.

    You can't get a Single Person Discount is you are not living in the property. She can't claim an exemption for an empty and unfurnished property as they had all moved their furniture in.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
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