Council Tax query

AimHigh

Morning all,

If someone is a joint tenant for a rental property yet living elsewhere (temporarily), would the remaining tenant be eligible for a single person council tax discount until the other tenant has moved back in?

Equally, can the tenant who temporarily has to live elsewhere be on multiple tenancy agreements? (i.e. one for each property) and if so, where do they stand with regards to council tax?

AH

CIS

AimHigh wrote: »

Morning all,

If someone is a joint tenant for a rental property yet living elsewhere (temporarily), would the remaining tenant be eligible for a single person council tax discount until the other tenant has moved back in?

H

No - the concept of 'sole or main residence' and 'intention to return' apply.

Equally, can the tenant who temporarily has to live elsewhere be on multiple tenancy agreements? (i.e. one for each property) and if so, where do they stand with regards to council tax?

Yes - they remain liable at their 'sole or main residence' but from there it gets complicated as it depends on the specifics of the tenancy agreements, occupancy etc of the other properties.

theartfullodger

Someone (or something...) can have multiple tenancy agreements, say 17 if they really wanted to. But only one can be their principle home, and as I understand it only one for council tax, and if a human, only one AST - all the other tenancies, regardless of the paperwork, will be common law tenancies.

This living elsewhere (temporarily) sounds like they ain't living there. Your council tax responsibility doesn;t move to the B&B you go to live at, temporarily, for 2 weeks in Southend.

AimHigh

Thanks both,

In this instance it involves needing to work elsewhere for several months and therefore needing to rent a second property in another location. So ultimately they would be on both their current AST and need to rent a second property in another area.

Not looking to avoid any council tax charges etc, just want to ensure that what is legally required is being met.

AH

CIS

AimHigh wrote: »

Thanks both,

In this instance it involves needing to work elsewhere for several months and therefore needing to rent a second property in another location. So ultimately they would be on both their current AST and need to rent a second property in another area.

Not looking to avoid any council tax charges etc, just want to ensure that what is legally required is being met.

AH

By renting elsewhere - will it be a whole property or just a room in someone else's house ?

theartfullodger

Quite a few landlords/landladies rent rooms monday-friday to long-term lodgers...

AimHigh

CIS wrote: »

By renting elsewhere - will it be a whole property or just a room in someone else's house ?

Currently exploring options. It may just be a room in another property OR renting a whole property with another 2-3 people.

AH

CIS

AimHigh wrote: »

Currently exploring options. It may just be a room in another property OR renting a whole property with another 2-3 people.

AH

For a room in a property there'll be no issues, for a whole property it can be more complicated.

G_M

CIS is far more qualified than I to comment on the Counncil Tax.

Regarding the tenancy, artful has pointed out that if the property is not your principal home it cannot be an AST. However if you (they?) rented a house as joint tenants it becomes more complex:

The Housing Act 1988 says:

1 Assured tenancies.

(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as:

(a) the tenant or, as the case may be, each of the joint tenants is an individual; and

(b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and.....

I imagine (CIS can confirm) that if you were to jointly rent a house with one other tenant

* it would be an AST (if it was the other tenant's principal home) and

* single person discount could be claimed by that other tenant on the grounds your principal hme was still the original property

CIS

If a property was jointly occupied with someone who had their 'sole or main residence' in the property then that person would fall liable for the council tax charge, the other party who has a main home elsewhere wouldn't be regarded as resident in the property for council tax purposes and so wouldn't be counted when the charge is calculated.

AimHigh

G_M wrote: »

CIS is far more qualified than I to comment on the Counncil Tax.

Regarding the tenancy, artful has pointed out that if the property is not your principal home it cannot be an AST. However if you (they?) rented a house as joint tenants it becomes more complex:

The Housing Act 1988 says:

I imagine (CIS can confirm) that if you were to jointly rent a house with one other tenant

* it would be an AST (if it was the other tenant's principal home) and

* single person discount could be claimed by that other tenant on the grounds your principal hme was still the original property

CIS wrote: »

If a property was jointly occupied with someone who had their 'sole or main residence' in the property then that person would fall liable for the council tax charge, the other party who has a main home elsewhere wouldn't be regarded as resident in the property for council tax purposes and so wouldn't be counted when the charge is calculated.

Thanks again both, I believe this final post from CIS sums up the situation best and has given me the answer I needed! Really appreciate the help.

AH