Council Tax - Single Person Discount

chipfork

Has anyone had any experience of the following, have I claim?

My partner and I have a property for which we pay full council tax.
I've been working away from home for a couple of years and have been renting a property close to where I work. When I've spoken to the council there and explained the situation with a view to a council tax discount they've told me that I'm not eligible because I have another property.

This all seems a bit bizarre, because I'm already paying full council tax at home I have to pay full council tax there too?!?

Is there a government ombudsman, I've checked the various gov.uk sites and there's little information, much appears to be in control of the councils?

Thanks

molerat

Just because you have 2 residences does not exempt you from CT for one of them. You and your partner share a main residence which you return to regularly, keep your belongings there and have mail delivered there so you pay council tax accordingly. You choose to live elsewhere part of the time (for whatever reason) and pay council tax for that residence according to your status - you may be entitled to some form of discount there if appropriate.

There is a local government ombudsman but they are hardly likely to rule against the correct implementation of council tax legislation.

CIS

Council Tax works on three main aspects in cases like this 'sole or main residence', 'intention to return' and 'temporary absence'. For council tax purposes you're regarded as being 'solely or mainly' resident at your own home as residence elsewhere is a 'temporary absence' and you have 'intention to return' to your main home.

For the reasons above you are not counted as resident at the property you rent for work purposes - it is your 'second home' (a Class B property). For council tax purposes, they do not have to allow any discount for what a property that is classed as a furnished second home.

You cannot appeal against the level of discount applied to a second home as that is a decision delegated to the local authority. You could appeal via the Valuation tribunal on the determination that it is your 'second home' however I cannot see that you have any valid appeal on those grounds.

If your 'second home' was required for you to be able to do your job (i.e. not just because it's more convenient to live nearby) then a 50% discount would be allowable on the property.

CIS

Just to add - council tax is a strange set-up with the Local Government Ombudsman (LGO) and the Valuation Tribunal (VT) both having responsibility over different areas.

The LGO cannot deal with cases in the remit of the VT - which covers discount eligibility - and so they would reject the complaint. The VT can consider that discounts are been applied correctly however they have no powers to assess the rate of discount given under Section 11A of the Local Government Finance Act 1992 (the powers used by the council in this cases).

If there was a complaint about how a case was handled (unnecessary delays, wrong advice etc) then that would be in the LGO's remit rather than the VT's.

chipfork

molerat, I'm not attempting to avoid paying council tax, I just wondered whether I had a case for a discount on the property I rent for work.

Many thanks CIS, that's a perfect explanation, something the council failed to get across.

The 'second home' is a requirement for my work, it is for a permanent role over 150 miles from my current home address and may lead to a permanent move. Commuting would be 5+ hours each day, a little impractical. In addition it's not just a weekly stop gap, I more often than not travel back home every 2 to 3 weeks as I occasionally cover weekend work and have a good friends network there.

Incidental and probably of little or no bearing is that the property I let was unfurnished. I've now moved to a shared property to ease the bills, I am declared on that property as a tenant although my council tax contribution is included within my monthly rent.

CIS

The 'second home' is a requirement for my work, it is for a permanent role over 150 miles from my current home address and may lead to a permanent move. Commuting would be 5+ hours each day, a little impractical. In addition it's not just a weekly stop gap, I more often than not travel back home every 2 to 3 weeks as I occasionally cover weekend work and have a good friends network there.

Travel distance wouldn't be considered as a requirement as far as the regulations are written.

Incidental and probably of little or no bearing is that the property I let was unfurnished. .

You're correct - in this circumstance it doesn't (although it can in others).

I've now moved to a shared property to ease the bills, I am declared on that property as a tenant although my council tax contribution is included within my monthly rent

You're now living in a 'house in multiple occupation' ?.

chipfork

I've used travel distance as a justification to why I would need accommodation for my job. Out of curiosity how would the council decide that the use of a 'second home' is justified in the case of a work need?

I'm now renting a room in a property with the landlord as the only other tenant. They were previously liable to a discount but when I agreed the tenancy they informed the council and now pay the full rate which I assume has been factored into my rent.

CIS

I've used travel distance as a justification to why I would need accommodation for my job. Out of curiosity how would the council decide that the use of a 'second home' is justified in the case of a work need?

It has to be as specified in legislation - if your employer specified in your contract that the specific property you live in was required for your to do your job then that would be allowable or you had to live in a specific property for security reasons.

I'm now renting a room in a property with the landlord as the only other tenant. They were previously liable to a discount but when I agreed the tenancy they informed the council and now pay the full rate which I assume has been factored into my rent.

In these circumstances you are not regarded as a resident in the property for council tax purposes so you don't affect the council tax charge. The resident owner can continue to claim their single person discount.

They need to contact the council and explain that that this property is not your 'sole or main residence' and you only rent a room as you stay in the area for work purposes only whilst you're away from your main home (where you should still be registered as resident).

chipfork

The role that I took dictates I must work from their head office. When I'm on call I must be able to respond quickly and be available at that site within an agreed time, a time that dictates I need to be local on occasional weekends too. I'll include that in the letter to the council.

I hadn't realised about the latter so I'll ask my landlord to speak to the council and explain the situation.

Thanks once more.

CIS

chipfork wrote: »

The role that I took dictates I must work from their head office. When I'm on call I must be able to respond quickly and be available at that site within an agreed time, a time that dictates I need to be local on occasional weekends too. I'll include that in the letter to the council.

I hadn't realised about the latter so I'll ask my landlord to speak to the council and explain the situation.

Thanks once more.

I've sent to you a Personal Message.

chipfork

Thanks, I've responded.