Council Tax Liability

HampshireH

Having a social housing tenancy to benefit someone else is fraud when you don't live in it and you let someone else. Councils / Housing Associations can and will prosecute & they do communicate with each other.

I wouldn't suggest making too much noise about your council tax bill.

asacarter

CIS wrote: »

Residence itself isn't a requirement for a person to be liable for a property so, on that basis, not being resident does not by itself prevent a person remaining liable (Leeds v Broadley). This isn't particularly relevant in this case however as the tenant is no longer resident.

As a matter of legislation they will be liable as residents unless there is someone else who is residence who has a higher interest (e.g a tenant). It would appear there is no-one with a higher interest who is resident, however. The legality of their occupancy does not matter although some councils do not always appear to actually understand the legislation they should use (If they did though, I'd not have a job so...).

There is a correct route of dispute and appeal on council tax matters - get it wrong and an appeal can become complicated (unfortunately, I see too many where this happened).

Thanks, that's exactly what I thought. The current resident of the property should be liable, regardless of whose name is on the tenancy agreement. Actually, I didn't sign the tenancy agreement. It was only in my wife's name but they still seem to think I am liable.

I'll see what happens next week and appeal if they keep insisting that I'm living there.

My step-daughter has been offered another property and it should be ready within a couple of weeks. She should be claiming housing and council tax benefit but they won't give it her through universal credit because the housing association won't add her name to the tenancy despite her living there since December last year.

HampshireH

My step-daughter has been offered another property and it should be ready within a couple of weeks. She should be claiming housing and council tax benefit but they won't give it her through universal credit because the housing association won't add her name to the tenancy despite her living there since December last year.

That's because she isn't eligible.

CIS

Actually, I didn't sign the tenancy agreement. It was only in my wife's name but they still seem to think I am liable.

s77 of the local government finance act 1992 ensures that a resident partner is joint liable, even if not listed on the tenancy agreement.

CIS

I'll see what happens next week and appeal if they keep insisting that I'm living there.

Prior to an appeal, where there is a specific legislative argument against liability, the panel would expect that you have raised that particular issue with the council before an appeal is lodged (in any case you have to follow the correct s81 procedure before appealing)

Caz3121

asacarter wrote: »

She should be claiming housing and council tax benefit but they won't give it her through universal credit

is she paying the rent?

Tybo

I sold a house to my daughter and she rented the property to tennentsee were paying the council tax. The property was empty for 6 months but I continueed to pay that period because the council tax bill was still on my name. When I told the council I sold the property they sent a bill to my daughter for the period I've already paid for.
Can they charge twice for the same period as I've already made the payments under my name?

CIS

Tybo wrote: »

I sold a house to my daughter and she rented the property to tennentsee were paying the council tax. The property was empty for 6 months but I continueed to pay that period because the council tax bill was still on my name. When I told the council I sold the property they sent a bill to my daughter for the period I've already paid for.
Can they charge twice for the same period as I've already made the payments under my name?

No - you should be refunded for any period which you have paid for but are no longer liable.