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Council Tax Conundrum

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Hi,

I’m hoping someone out there has knowledge on this somewhat confusing matter.

I have lived with my flatmate for the last 2 years, and up until recently, has only just told me that he hasn’t declared me on the council register, after angrily finding out about this, I had to do some research as for obvious reasons, could put me in financial strain and/or unwanted debt.


I’ve looked on the CSA website which states that the liability falls down to the highest member of each listed property in hierarchal order, in this case, he is the proprietor so therefore, he is liable. Although not in writing, before I moved into the property, we agreed the amount I pay, which was to contribute toward; rent, bills and maintenance.

Now you will have to excuse my knowledge that my knowledge is vague, I’m young in my twenties so this is all still very new to me.

Basically, I need to gain understanding, ideally from someone who has worked for the council or someone who can provide clarity on where I stand. I need to know this before I seek guidance and how best to approach my local authority.

Thank you for your time.

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are not liable for the council tax charge so yourself you have nothing to worry about regarding getting a demand from the council - the onus is on him as owner to declare you are resident (although you could obviously self-declare to the council).



    Most likely he is claiming a single person discount so he will get the backdated demand notice with the 25% removed. Although still a rare occurrence he could be prosecuted by the council if he is wrongly claiming the discount. At some point your name will come up on a data-match for the property and they will investigate (and remove) any incorrect discount - if they are going to pursue action again the owner then it's usually this route that will give them the evidence.



    The easiest way to deal with the issue is to simply contact the council and tell them the situation. They will make the necessary adjustments and then everything will be corrected.
    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.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    Unusual for CIS not to have established what you mean by flatmate so as to be certain as to his answer.

    You are correct that there is a hierarchy, but being "owner" does not necessarily make your "flatmate" appear in the list higher than you do

    "flatmate" is not the normal way a lodger refers to their landlord, it is rather a more usual reference to someone with whom one shares a tenancy

    are you a lodger or a co-tenant? That will impact where you appear in the hierarchy....
  • So if I were to move, would the debt or ‘overdue charges’ carry with me or stay at this particular property? I know the council will probably have to investigate my previous address as and when the time comes and I understand that.

    I mean, as I say, it’s all very new to me still, I wasn’t aware that you could self declare, I thought it was down to the homeowner or named tennant.

    I also wasn’t aware of such discount other than disability etc.
  • Well, he’s basically a live in landlord. I simply rent a room from him and pay x amount monthly toward rent, bills etc.

    I mean, I don’t really know the technicality of my living status, I’d have said lodger? But I don’t really know the difference.

    Thank you for your time.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unusual for CIS not to have established what you mean by flatmate so as to be certain as to his answer.

    You are correct that there is a hierarchy, but being "owner" does not necessarily make your "flatmate" appear in the list higher than you do
    He stated his 'flat mate' is the 'proprietor' so therefore I read that as owner. The resident owner will always come highest under hierarchy of liability unless the OP was a joint owner or partner.


    Well, he’s basically a live in landlord. I simply rent a room from him and pay x amount monthly toward rent, bills etc.
    As far as council tax is concerned unless you are a joint owner or partner of the owner your status makes no difference in respect of liability.
    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.
  • So just to confirm, as the owner/live in landlord he is actually liable, so if the Council were to question my movement, and I confirmed the dates of my residency, the bill would be applied to him as the named tennant?

    And as far as myself moving to another property, it wouldn’t affect me at all?

    Sorry for the amount of questions, but it’s allot to take in. But I do appreciate all of your advice.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So just to confirm, as the owner/live in landlord he is actually liable, so if the Council were to question my movement, and I confirmed the dates of my residency, the bill would be applied to him as the named tennant?
    Yes - he is liable as the resident owner.


    And as far as myself moving to another property, it wouldn’t affect me at all?

    Just tell the council and they can do the rest.
    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.
  • Thank you. I was having a panic but that’s certainly cleared things up my end.
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