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Council tax with lodgers from overseas

I have a room in the house I own which I rent out to people who I work with, but who are usually based abroad. They may be with me for a couple of weeks up to a couple of months.


I'm struggling to figure out if, whilst they are with me, my house is their main residence and therefore are counted as an adult for council tax purposes. For example, my current lodger is currently in this country whilst her visa for where she regularly resides is being renewed - so would my house be classed as her main residence for this period and therefore she counts for CT purposes?


I also have another lodger who comes and goes between the UK and elsewhere for a few months at time. She isn't a British citizen (she is in this country on a working visa) but when she stays with me, she technically isn't residing anywhere else in the world - so I assume she counts for CT purposes too?


I have someone else coming to stay with me for 6 weeks who is just visiting on a working visa - unlike the lady above, she ordinarily resides in her home country - I assume she doesn't count?


I stopped my single person discount last year when I started taking in lodgers. But I tend to get quite a few voids now, so I just want to be sure that these people count for council tax purposes, and that I am correct in not claiming the discount.


On the other hand, does anyone have any experience of turning the discount claim on and off, so to speak, as and when they have lodgers? Or do councils tend to frown at this? My voids can be for a few months at a time.


Thanks for any help!

Comments

  • theartfullodger
    theartfullodger Posts: 15,715 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You the owner are liable for paying council tax due to occupants: See
    https://www.citizensadvice.org.uk/tax/council-tax/council-tax/#h-who-has-to-pay-council-tax
    Who has to pay council tax

    etc etc etc ....

    Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.

    The owner will be liable if:

    the property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately; or
    the people who live in the property are all under the age of 18; or
    the property is accommodation for asylum seekers; or
    the people who are staying in the property are there temporarily and have their main homes somewhere else; or etc etc etc...

    Suggest you write (yes, WRITE! - keep copy) to your council to check their interpretation.

    Council tax is one of the few (? only?) debts you can go to prison for...
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 July 2016 at 1:46PM
    Calleja wrote: »
    I have a room in the house I own which I rent out to people who I work with, but who are usually based abroad. They may be with me for a couple of weeks up to a couple of months.


    I'm struggling to figure out if, whilst they are with me, my house is their main residence and therefore are counted as an adult for council tax purposes. For example, my current lodger is currently in this country whilst her visa for where she regularly resides is being renewed - so would my house be classed as her main residence for this period and therefore she counts for CT purposes?


    I also have another lodger who comes and goes between the UK and elsewhere for a few months at time. She isn't a British citizen (she is in this country on a working visa) but when she stays with me, she technically isn't residing anywhere else in the world - so I assume she counts for CT purposes too?


    I have someone else coming to stay with me for 6 weeks who is just visiting on a working visa - unlike the lady above, she ordinarily resides in her home country - I assume she doesn't count?


    I stopped my single person discount last year when I started taking in lodgers. But I tend to get quite a few voids now, so I just want to be sure that these people count for council tax purposes, and that I am correct in not claiming the discount.


    On the other hand, does anyone have any experience of turning the discount claim on and off, so to speak, as and when they have lodgers? Or do councils tend to frown at this? My voids can be for a few months at a time.


    Thanks for any help!

    You are the liable person as the resident landlord (S6 of the LGFA92) - whether or not they are resident depends on whether it's their 'sole or main residence' and their 'intention to return'. It is possible to start and stop discounts if required.

    Craig
    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.
  • Calleja
    Calleja Posts: 197 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks both. So it sounds to me that in my scenarios above, it's only the second visitor that likely counts (i.e. has no other main residence). Unless visitor number one gets refused a visa for where her main residence is! But maybe best for me to write to my council and confirm.


    I am aware its my responsibility to pay and I don't currently claim the discount, but probably should be (as I was living alone from Jan till last weekend!)


    Cheers
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Calleja wrote: »
    Thanks both. So it sounds to me that in my scenarios above, it's only the second visitor that likely counts (i.e. has no other main residence). Unless visitor number one gets refused a visa for where her main residence is! But maybe best for me to write to my council and confirm.


    I am aware its my responsibility to pay and I don't currently claim the discount, but probably should be (as I was living alone from Jan till last weekend!)


    Cheers

    Just make sure it's all worded correctly - I regularly see customers who've missed out because of wording it wrongly !.

    Craig
    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.
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