Council Tax

agrinnall

ashleyj722 wrote: »

This is exactly my point.
It's not fraud to say that my wife has moved out because: a, the house is in my name only, b, We are going to be abroad for more than 3 months, c, The council would have to proof that my wife still lives there which would be impossible as we will be outside the country but we can proof that we are outside the country through visas.

Of course it's fraud, see you in clink (actually, I won't, because you don't deserve any visitors).

ashleyj722

So let me check. What you are saying is that if I was living on my own and decide to move abroad I would lose the single occupancy discount?

Bluebirdman_of_Alcathays

ashleyj722 wrote: »

So let me check. What you are saying is that if I was living on my own and decide to move abroad I would lose the single occupancy discount?

You would be subject to whatever unoccupied house policy your council has. Some don't care at all. Some, where unoccupied houses causes hardship for the community, such as Pembrokeshire, charge through the nose. You are simply required to tell the truth about who lives there.

Naf

discat11 wrote: »

ho hum.
Although it's fair to point out if its an offence of course.

It's unfair to be charged the full rate for more than 1 person if the property is empty and so I'm surprised such rulings have not been challenged -why should the default position be to charge the full rate and why then should the councils offer a discount for single occupancy?

Because selfish people leaving properties empty when there is a housing shortage deserve to be penalised.

ashleyj722 wrote: »

So let me check. What you are saying is that if I was living on my own and decide to move abroad I would lose the single occupancy discount?

Yup. Unless you rent it out to a single occupant.

agrinnall

ashleyj722 wrote: »

So let me check. What you are saying is that if I was living on my own and decide to move abroad I would lose the single occupancy discount?

I'm not sure whether that's the sound of the penny dropping or the prelude to you launching into another set of arguments that fly in the face of logic.

booksurr

discat11 wrote: »

I would do as you suggest and get the 25% discount for one occupant -after all it's better than nothing and more accurately represents the situation -i.e. 1 person rather than 0. :-)

oh dear, a clear case of ill informed wishful thinking

OP is married. In tax law a married couple live together in one house even if one of them is working abroad because the assumption is he / she retains a connection to a permanent place of residence in the UK, ie where the other half lives. Therefore no they are not magically now a single occupant

there are circumstances where a married couple can claim to be living independent, separate lives split into a his and a hers property so each can claim SPD on their respective properties. However, very obviously that would be fraud in this case since OP says they will both be living abroad as a couple.

ashleyj722 wrote: »

So let me check. What you are saying is that if I was living on my own and decide to move abroad I would lose the single occupancy discount?

absolutely

since the law changed to allow each council discretion over the level of discounts given it is perfectly possible to lose SPD when you move out since you can only have SPD on the property you actually occupy as your main home

hence if you have 2 properties, eg: a weekday crash pad and a main home in the country, the crash pad is not your main home and you cannot claim SPD on it. Same applies if you own a second/holiday home, it sits fully furnished and ready for use (so cannot be penalised after 2 years as an "empty" property) but you will be charged full rate by most councils on that extra property even if you are a singleton.