Entitlement To Council Tax Single Person's Discount?

My wife and I are downsizing from a detached house to a much smaller property, which happens to be only just up our road. Through good fortune and family loans we have been able to pay cash for the new house, but have yet to sell our current one. We do not intend to fully move into the new house until we have sold.

In my naivety I thought that we could get discount on Council Tax for the new house as it will be empty (probably for a few months given current market conditions), but was told no; 25% discount is only available for single occupancy.

So, if I were to declare the new house as my main residence, and my wife declare that she was sole resident in our current house, could we legitimately claim 25% discount on both properties? I am prepared to put all the new utility bills in just my name, and advise change of address to all necessary organisations. I will in fact be spending a lot of time at the new property carrying out DIY, and indeed spending the night there on occasions to satisfy insurance requirements (which is another story!)

We have no wish to con the council out of money, but paying the full whack on both properties seems somewhat unfair in this instance.
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    You are conning them. Your main residence is where you live.
  • elmer
    elmer Posts: 936 Forumite
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    in my council , we would expect you to have formally seperated before we would award Single Person Discount, just living in separate houses, doesn't qualify either of you for the discount, as its obvious that you have just said that you are living apart whilst you have two houses to pay Council Tax on.

    elmer
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    No chance whatsoever. That isn't how the single person thing works - and you'd be caught out and have to repay the amounts and possibly have a charge of fraud against your name.

    Just pay it ... there are two of you, in a position to buy a second property for cash, plus the additional stamp duty that entails, why would you try to cheat a few quid from the system?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    You are conning them. Your main residence is where you live.

    Indeed, but that isn't necessarily where you sleep or eat.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    elmer wrote: »
    in my council , we would expect you to have formally seperated before we would award Single Person Discount, just living in separate houses, doesn't qualify either of you for the discount, as its obvious that you have just said that you are living apart whilst you have two houses to pay Council Tax on.

    elmer

    What's 'formally separated' when it's at home.


    I think you'll find you are totally incorrect. Living in separate houses would do exactly that, qualify for the single person rate.
  • CIS
    CIS Posts: 12,260 Forumite
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    In principal there is nothing to stop a married couple having separate homes - the requirement is that your 'sole or main residence' be in the address before you could claim a single person discount.

    You can try and claim it, and might be entitled to it, but expect the council to investigate if they find out. The decision over a discount is in the council's hands and they can decide not to award a discount if they believe the property is not your 'sole or main residence'. If the council refuse a discount then the route of appeal would be to a valuation tribunal.

    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.
  • "We have no wish to con the council out of money"
    "So, if I were to declare the new house as my main residence, and my wife declare that she was sole resident in our current house, could we legitimately claim 25% discount on both properties?"
    Erm...
  • elmer
    elmer Posts: 936 Forumite
    Part of the Furniture 500 Posts Photogenic
    As Craig says its a sole or main residence issue, so at my council we expect married couples to mainly occupy one house unless they are separated. so under these circumstances we would enquire if they have separated, or if as the case here that they are just trying not to pay for both houses, then we would not award the discount.
    Of course there are cases where couples do occupy separate houses permanently, and are awarded the discount but with people like this the situation continues and isn't just for the duration of a house move

    Apologies for not mentioning the sole or main residence in my first reply
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Guest101 wrote: »
    Indeed, but that isn't necessarily where you sleep or eat.

    I agree.

    By doing DIY and spending a night or two does not make it his main residence.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
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    When you apply for single person discount with our council you have to put your previous address down.

    They may question you on this and you would have to lie and say you had separated from your wife.

    If you are comfortable with this you would probably be able to do it.

    But then if they decided to investigate and found you were spending time at your previous address you could be at worst prosecuted for fraud or at best they just stop giving the discount.
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