Sole Adult Council Tax Rebate

Kensington09

I separated from my husband in 2012 and he left our marital home to start a job abroad.

It was not until summer 2015 that I realised I was entitled to a council tax discount, as the sole adult in the property and that I should be able to reclaim for the three years of overpaid council tax.

I wrote to my local council (Brent), who reduced the council tax going forward for the year.

in order for to grant the backdated single persons discount they want proof to be sure that my ex-husband is registered elsewhere for the purposes of council tax. They require a council tax demand of where he has been registered since March 2012.

I can't provide this proof, as he lived abroad for the first six months and then moved in with a new partner. Whilst I have provided his new address to the council and they have written to his current council but probably drew a blank, he refuses to co-operate and confirm or deny whether he is registered for council tax.

Furthermore I have provided court documentation to the council showing that he left the marital property in March 2012. This appears not good enough for them, as they have asked again to see a council tax proof.

Does anyone have any suggestions of what else I can do? Is the court documentation not enough to proof he moved out in Mar 2012?

Any suggestions how I should argue my case with the council, as there is a large amount at stake.

Thank you

CIS

There's not a lot more you can do to argue the case with them unless you can demonstrate where he was registered for the period in question (they can contact the other council for information without needing his permission). Court documentation doesn't actually prove he did leave the property for council tax purposes.

If the council won't change their decision then to move it on you would need to advise them that you intend to appeal to a Valuation Tribunal. The council have two months to reply after which you can appeal to the Tribunal if you're still not happy.

Kensington09

Thank you very much.

As mentioned, they have already written to the council of his new address, but `I assume they didn't get a confirmative reply.

I suspect that only my ex-husband's partner is registered at the address, as he never bothers to register to vote or anything.

As he left the country after we separated and I have a copy of his work contract abroad, do you think that would be accepted as proof he moved out?

CIS

Kensington09 wrote: »

As he left the country after we separated and I have a copy of his work contract abroad, do you think that would be accepted as proof he moved out?

You can try.

What I suspect the council will rely on is 'sole or main residence' & 'intention to return' i.e. they'll regard him as resident for council tax purposes even whilst abroad (which is legally correct) unless you can prove he was not either resident or intending to return to your property.

If you do decide to use the Valuation Tribunal route you would still need to give the council the 2 months notice.