No longer entitled to single person 25% council tax discount, but still single!!

Jauqq

First post here, and hoping some one can help me out please....
I've owned a one bedroom flat for 5 years now, and have always paid 25% off my council tax as i'm single. Council tax is set for two people or more living in a property.
6 months ago I moved out the property, while I tried to sell it chain free. The property then became uninhabited and unfurnished, and because of this my council gave me up to 6 months exemption off paying the council tax. In the 6 months i've been unable to sell the flat, and my council has sent me a new council tax bill for the remainder of the tax year.
I have no problem with this.
However they are now charging me at full two persons or more council tax rate.
I phoned and asked why, and was told as I still owned the flat i have to pay full amount on my council tax whilst I remained not living there, but would only receive the 25% single person discount if I moved back to the flat.
This seems unfair to me, as wherever i'm living i'm still single and own the flat, and should therefore still be paying 25% single person council tax.
I asked the council to define what they meant by "living there" and was unable to get a straight answer. I asked if I put a mattress down in the flat, slept there at night, but then went to my friends house to wash and eat etc would that be "living in the flat"?
Again they were unable to give me a yes or no answer...
There must be some way out of this...?

elmer

Sorry but to claim Single Person Discount you must live there as a single person.
I cant think of any way around this, can you not move back in?
Alternatively if you do move in for six weeks, you can then move out again and have another 6 month exemption, but I imagine that they would check up that you were really living there, we would.

Hope this helps

Elmer

Jauqq

elmer wrote: »

Sorry but to claim Single Person Discount you must live there as a single person.
I cant think of any way around this, can you not move back in?

Thanks for the reply.
To move back is not really an option, as I have no furniture etc. When I initially moved out the flat, I had to sell all my furniture etc as where i'm staying now with parents, they've not the room for it all.
If I were a land lord for example I understand why I should still pay full council tax as i'd be making an income on the flat. But as i'm not doing this and my position is exactly the same as if i'm living there ie single, one income and owning the flat, in my mind I should still be paying C.Tax with the discount.
Infact by not living at the flat, im not using council services etc bin/refuse collection etc... Will the council give me a refund for that???!!!
I moved out the flat to make it easier to sell, ie chain free, but unfortunately after 16 weeks of accepting an offer on it, the buyer pulled out :mad:
Now i'm stuck with trying to sell a flat at a bad time of year

dunstonh

The reason it cannot be classed as a single person discount is that it is not your primary residence. You are "allocated" to another address. The one you are living in at present.

Technically, at that moment it is a second property or an investment property in the eyes of the council.

moominlaura

Hi Jauqq

I used to work for my local council in council tax. Althought the rules have changed slightly it is still possible to get the discount.

Although you are staying with parents you main residence is still classed at your flat. So therefore, you are only staying at your paretns house and not actually living there! This is a technicality but if you word it right on the phone they should give it to you.

Alternatively, just tell them you moved back in as you couldnt sell it! As you live in a flat it is virtually impossible to check through your windows to see if there is any furniture in there. So they will never know. Most councils only have 1 or 2 people employed to check the occupancy of houses and they are mostly taken up with people trying to claim the 6 month exemption.

Hope you get it sorted

moominlaura

Hi Dunstonh,

If it is classed as a second property then Jauqq would be entitled to a 50% discount.

dunstonh

maybe thats the route that jauqq should be taking then?

Jauqq

moominlaura wrote: »

Hi Jauqq

I used to work for my local council in council tax. Althought the rules have changed slightly it is still possible to get the discount.

Although you are staying with parents you main residence is still classed at your flat. So therefore, you are only staying at your paretns house and not actually living there! This is a technicality but if you word it right on the phone they should give it to you.

Alternatively, just tell them you moved back in as you couldnt sell it! As you live in a flat it is virtually impossible to check through your windows to see if there is any furniture in there. So they will never know. Most councils only have 1 or 2 people employed to check the occupancy of houses and they are mostly taken up with people trying to claim the 6 month exemption.

Hope you get it sorted

I tried to explain this to them on the phone, but got no joy from them. I've called three times in total, and each time they've refused to budge on their position.
I asked if they could define the term "living in the flat"?
I asked if I slept there at night, then went to eat/wash at my parents house would that be living at the flat? (I could actually do this as my parents live 10mins away, but as I said before I own no furniture etc)
At this point the woman I was speaking to lost her temper, and warned me that the phone call was being recorded!!!
She said if I wanted to do this put it in writing, say i'm sleeping in my flat, eating at my parents, and then the council would send someone round to inspect the flat, and if they felt I was living there, then i'd get the discount...
This was all done in a threatening, sarcastic tone, and once again I was warned the call was being recorded..
Don't think im going to get much joy really :rolleyes:

Jauqq

moominlaura wrote: »

Hi Dunstonh,

If it is classed as a second property then Jauqq would be entitled to a 50% discount.

Thanks for the idea moominlaura.
Just had a look at this, but to get the 50% discount on a second property, i'd have to be the main council tax payer in my primary residence. As this is my dad, i'd not be able to use this.

CIS

The 50% discount for a second home can now be changed, the councils now have the power to vary the discount to between 50% and 10% discount.

If your not living in the property as a single person then you can't claim a SPD, you will pay the zero occupancy charge which again can vary between councils from 50% to 0% discount. In my dept we are changing from 50% to 0% discount in april.

guppy

If it suited your circumstances you could always rent the flat, and get someone else to pay the tax and mortgage...