Single persons council tax discount rejected

marcofoo

My wife and I own two homes and have recently separated. I am living in one, and she is living in the other. She lives in our primary private residence.

A friend rents a room from me but she lives alone.

Islington Council have refused our request for a single persons discount on the home that she lives alone in. Their grounds for refusal as follows:

"We have noted your comments and advise the discount can only be claimed on your sole and main residence; for council tax purposes xxxxxxxxxxxxxx, N19 xxx is considered your main residence; as you and your wife hold a joint legal interest in this property a discount cannot be applied. Additionally, you cannot claim a discount on any other property even though you may be the sole occupant at another property."

Is this correct? It seems quite unfair if so.

Thanks in advance.

Aylesbury_Duck

marcofoo wrote: »

My wife and I own two homes and have recently separated. I am living in one, and she is living in the other. She lives in our primary private residence.

A friend rents a room from me but she lives alone.

Islington Council have refused our request for a single persons discount on the home that she lives alone in. Their grounds for refusal as follows:

"We have noted your comments and advise the discount can only be claimed on your sole and main residence; for council tax purposes xxxxxxxxxxxxxx, N19 xxx is considered your main residence; as you and your wife hold a joint legal interest in this property a discount cannot be applied. Additionally, you cannot claim a discount on any other property even though you may be the sole occupant at another property."

Is this correct? It seems quite unfair if so.

Thanks in advance.

If that's Islington Council's ruling on their own discount scheme then yes, it's correct.

Why do you consider it unfair?

Lucky_Duck_2

Some time back I had similar discussion with my local council and in the end the relented and granted the discount.

davidmcn

Aylesbury_Duck wrote: »

If that's Islington Council's ruling on their own discount scheme then yes, it's correct.

Why do you consider it unfair?

They appear to be saying that they won't allow a single person discount because they're deeming the OP to still be resident at the marital home, while also disallowing a discount at their new residence as there are actually two people living there, though one of them is the person deemed to be living elsewhere!

I suppose they are wise to couples trying to claim that one of them lives in their second home and claiming discounts for both properties, but these seems to be the council having their cake and eating it. Does each council have freedom to come up with their own policies?

Aylesbury_Duck

davidmcn wrote: »

They appear to be saying that they won't allow a single person discount because they're deeming the OP to still be resident at the marital home, while also disallowing a discount at their new residence as there are actually two people living there, though one of them is the person deemed to be living elsewhere!

I suppose they are wise to couples trying to claim that one of them lives in their second home and claiming discounts for both properties, but these seems to be the council having their cake and eating it. Does each council have freedom to come up with their own policies?

Yes, I see your point. I misread some of the OP's original text, thinking that "she" referred to the tenant rather than the wife.

It does look as though the council is having their cake and eating it, but I suppose the onus is on the OP and his wife to formally declare (and prove) their separate addresses because as you say, I suspect there have been plenty of cases of fraud.

marliepanda

It doesnt seem like they realise you are separated. Quite a lot of couples will have a second home or a 'flat for work' and try to say that wife lives alone in the main home and husband lives alone in the work flat to try double dip on the discount, when in fact they both have their main home as the main house.


If you are separated make sure you have done everything properly, bank account, car insurance etc.

If your wife is the only applicable adult in the property she should qualify.

theartfullodger

Think councils are (understandably) very suspicious of joint owners, couples, who own one place claiming the single-person's discount asserting that one of them lives elsewhere.

Provide the evidence (eg where bank accounts, internet service, 'phone bills, electoral roll etc etc go to..) and challenge their decision.

CIS

The council have no powers to come up with their own scheme however in practical terms they run the system day to day and determine eligibility etc. on the back of legislation and case law.

If there's no intention to return them they are wrong, irrespective of whether you are still a couple or not. The problem comes with convincing them without a tribunal being needed as it's coming to down to a case law argument (which can be rather one-sided if they know it and you don't.

In the end it comes down to 'sole or main residence' and 'intention to return.

NYM

marcofoo wrote: »

My wife and I own two homes and have recently separated. I am living in one, and she is living in the other. She lives in our primary private residence.

A friend rents a room from me but she lives alone.

Islington Council have refused our request for a single persons discount on the home that she lives alone in. Their grounds for refusal as follows:

"We have noted your comments and advise the discount can only be claimed on your sole and main residence; for council tax purposes xxxxxxxxxxxxxx, N19 xxx is considered your main residence; as you and your wife hold a joint legal interest in this property a discount cannot be applied. Additionally, you cannot claim a discount on any other property even though you may be the sole occupant at another property."

Is this correct? It seems quite unfair if so.

Thanks in advance.

Why have you applied for the discount? If you're separated, your wife should be making the claim.

stator

If a friend rents a room from you, how could you claim a single person's discount?


Your post doesn't make much sense. You say the house your wife lives in is your primary residence. If you've separated, then surely it isn't.

G_M

I agree your post is confusing, which may explain why the council is suspicious.....

marcofoo wrote: »

My wife and I own two homes and have recently separated. I am living in one, and she is living in the other. She lives in our primary private residence.
This is already contradictory.

If you live in house A, and she lives in house B, then house B is not your (plural) PPR. It is her PPR. Your (singular) PPR is house A.

A friend rents a room from me but she lives alone.
I asume friend lives in house A?
Which you said above is where you live.
So she does not 'live alone'.

Islington Council have refused our request for a single persons discount on the home that she lives alone in.
Understandable as you said above that you live there too.
Their grounds for refusal as follows:

"We have noted your comments and advise the discount can only be claimed on your sole and main residence; for council tax purposes xxxxxxxxxxxxxx, N19 xxx is considered your main residence;
Is that house B (where your wife lives?
Or house B where you and your frend live?
as you and your wife hold a joint legal interest in this property a discount cannot be applied. Additionally, you cannot claim a discount on any other property even though you may be the sole occupant at another property."

Please clarify.

Is your wife also claiming a discount at house B where he lives?