Am i liable to pay Council Tax

Tax_Question

My Dad is currently sectioned under the Mental Health act, he has been sectioned for the last 14 years, at the moment him being released is not a realistic possibility.

My Dads property for the last 14 years has been rented to various tenants, this has been done by my Dads Brother, i have had nothing to do with the house for the last 14 years.

With agreement of my Dad i plan to move into the property next week, i have signed no tenancy agreement, and there is no power of attorney in place.

Who is liable to pay council tax?

This is in Birmingham.

Have looked on the Birmingham City Council page, but i am getting confused, can someone clarify please?

Torry_Quine

If you are going to be living there then you will be liable for the council tax. Why wouldn't you be?

HappyMJ

You will be. Make sure you get the single occupier discount if you're moving in by yourself.

Tax_Question

People Considered to be ‘Severely Mentally Impaired’

People in this category are not included when we count the number of adults living in your home when we consider the award of a discount. A property may be exempt if it is occupied solely by people with a severe mental impairment, including the person liable to pay the council tax. Where the landlord or care home is liable the property is not exempt.
A person is regarded as severely mentally impaired if, for whatever reason, they have severe and permanent impairment of intelligence and social functioning.
To qualify a doctor must confirm that the person has a permanent mental illness. They must also be entitled to (though not necessarily receiving) one of the following benefits:

• Incapacity benefit
• Attendance allowance
• Constant attendance allowance
• Severe disablement allowance
• Disability living allowance (higher or middle rate care component)
• Disabled person tax credit
• Income support (if applicable amount includes disability premium)
• An unemployability allowance or supplement.

When you apply, we will need to see confirmation of entitlement to the appropriate benefit.

Is that only if the person who was mentally ill was living in the property?


Secondly for the last 14 years my Uncle has been paying the council tax ( while tenants were living there), because he was the attorney for my Dad.

Pixie5740

What you've just copied and pasted from somewhere says, "a property may be exempt if it is occupied solely by people with severe mental impairment. Your father does not occupy the property, he lives somewhere else. When you move in, assuming you do not have a sever mental impairment, will be liable for the council tax although if living alone you will qualify for the single person's discount.

When the place was being let the tenants were liable but for whatever reason your uncle footed the bill, perhaps it was included in the rent.

When you say your uncle is your father's attorney do you mean he is your father's solicitor or that he has power of attorney?

davidmcn

Pixie5740 wrote: »

When you say your uncle is your father's attorney do you mean he is your father's solicitor or that he has power of attorney?

Almost certainly (in the UK) the latter - anybody who has power of attorney is (in that context) an attorney.

Not sure why they chose to pay the council tax rather than let the tenants deal with it, unless it was an HMO? None of it is relevant to whether the OP will be liable if they move in.

Tax_Question

Ok thanks for all the replies, has clarified for me.

Will apply for the single person discount

Pixie5740

davidmcn wrote: »

Almost certainly (in the UK) the latter - anybody who has power of attorney is (in that context) an attorney.

Yes but in the OP he says that there is no power of attorney in place so I thought I would check what was meant by "attorney".

Tax_Question

By attorney i think it was obvious i meant power of attorney.

As for why my Uncle was paying council tax when tenants were in the property, i have no idea.

Mojisola

Tax_Question wrote: »

there is no power of attorney in place.

Tax_Question wrote: »

Secondly for the last 14 years my Uncle has been paying the council tax ( while tenants were living there), because he was the attorney for my Dad.

This is confusing.

Torry_Quine

Tax_Question wrote: »

By attorney i think it was obvious i meant power of attorney.

As for why my Uncle was paying council tax when tenants were in the property, i have no idea.

In the first post you said there was no power of attorney in place though.