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Council Tax question

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  • helpplsmane
    helpplsmane Posts: 21 Forumite
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    00ec25 wrote: »
    how !"you" decide to share out 75% of the bill across 4 people is a matter for you to [STRIKE]argue[/STRIKE] debate. I suspect your flatmates won't be too keen on having to pay for your GF when they themselves would not pay a penny o their own

    Nothing to argue or debate, I wouldn't expect them to pay anything, we'll split it between the two of us.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    helpplsmane wrote: »
    Band C in South West London



    It varies from area to area (borough in this case), but £1200 - 25% = £900, not £450. So I assume you meant each?
  • CIS
    CIS Posts: 12,260 Forumite
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    The key issue is whether or not her 'sole or main residence' is in the property and whether or not she has an 'intention to return' to a property elsewhere*. Providing that her 'sole or main residence' is elsewhere and she intends to return there then she is not resident in the property for Council Tax purposes. As she would not be regarded as resident in that case then she would not affect the Council tax charge on the property unless the council would like to argue the finer points of legislation and what 'occupied' means.

    If the property becomes her 'sole or main residence' then there's more issues to consider*.


    *As your partner, if she was regarded to have the property as her 'sole or main residence' and if she also had restrictions which prevented her being able to work or claim benefits in the UK then she would not be taken in to account in any case as long as you were a student.
    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.
  • helpplsmane
    helpplsmane Posts: 21 Forumite
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    CIS wrote: »
    The key issue is whether or not her 'sole or main residence' is in the property and whether or not she has an 'intention to return' to a property elsewhere*. Providing that her 'sole or main residence' is elsewhere and she intends to return there then she is not resident in the property for Council Tax purposes. As she would not be regarded as resident in that case then she would not affect the Council tax charge on the property unless the council would like to argue the finer points of legislation and what 'occupied' means.

    If the property becomes her 'sole or main residence' then there's more issues to consider*.


    *As your partner, if she was regarded to have the property as her 'sole or main residence' and if she also had restrictions which prevented her being able to work or claim benefits in the UK then she would not be taken in to account in any case as long as you were a student.

    I thought this might change the issue but nobody seemed to mention it so assumed I was wrong. She currently lives in Spain, with her father and brother. She will be staying here from September 2018 to June/July 2019, with a few weekly trips back in between. After June/July 2019, she'll be returning to Spain to where she currently lives. As this is only a temporary stay, would the flat here still be regarded as her main residence?
  • helpplsmane
    helpplsmane Posts: 21 Forumite
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    Comms69 wrote: »
    It varies from area to area (borough in this case), but £1200 - 25% = £900, not £450. So I assume you meant each?

    I'm unsure, the website is slightly unclear, but I assumed it was for the whole property:
    7Y0eWC8.png

    75% of £616 is £463
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    helpplsmane wrote: »
    I'm unsure, the website is slightly unclear, but I assumed it was for the whole property:
    7Y0eWC8.png

    75% of £616 is £463
    Wow, that's very cheap!
  • helpplsmane
    helpplsmane Posts: 21 Forumite
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    Comms69 wrote: »
    Wow, that's very cheap!

    Am I right in thinking its for the whole property? Because I really can't afford an extra £1,800 on top of £7,000 in rent and bills.
  • CIS
    CIS Posts: 12,260 Forumite
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    helpplsmane wrote: »
    Am I right in thinking its for the whole property? Because I really can't afford an extra £1,800 on top of £7,000 in rent and bills.

    The charge will not be as low as what you posted above, that appears just to be one of the 'components' which makes up the total charge. Which borough is it ?

    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.
  • helpplsmane
    helpplsmane Posts: 21 Forumite
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    CIS wrote: »
    The charge will not be as low as what you posted above, that appears just to be one of the 'components' which makes up the total charge. Which borough is it ?

    Craig

    Wandsworth
  • CIS
    CIS Posts: 12,260 Forumite
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    helpplsmane wrote: »
    I thought this might change the issue but nobody seemed to mention it so assumed I was wrong. She currently lives in Spain, with her father and brother. She will be staying here from September 2018 to June/July 2019, with a few weekly trips back in between. After June/July 2019, she'll be returning to Spain to where she currently lives. As this is only a temporary stay, would the flat here still be regarded as her main residence?

    It wouldn't be regarded as her 'sole or main residence' and , as I said earlier, unless the council want to get in to arguing the finer points of legislation you should be fine.

    'Sole or main residence' is actually one of the few points which can be regarded as fair in that a main residence abroad can still be used, they don't automatically consider your main residence in here.

    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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