Tenant Son expected to pay Council Tax

Barny1979

lincroft1710 said:

I'm now wondering if OP is in Scotland where CT payments include water rates and sewerage payments

I wasn't aware of that.

MovingForwards

lincroft1710 said:

I'm now wondering if OP is in Scotland where CT payments include water rates and sewerage payments

That would still put them in a band F or G.

theoretica

lincroft1710 said:

Lover_of_Lycra said:

mbowditch said:

I was made redundant due to Covid in April, I am 61 and finding it absolutely impossible to find a job, my husband who is 70 and has on set dementia gets his state pension, we get universal credit to go towards our rent but nothing towards our council tax, which is £300 pm, they say we are not entitled to any reduction as our son, who they class as a tenant as he is 28 and works as a chef, should pay the council tax in full.  He is trying to save for his own place, why should he be responsible for it in full, that is so unfair.  Anyone else in this position, or advice on what to do please?

As a household you are not exempt from paying council tax.  There is a hierarchy of liability for council tax which is:

1. A resident owner-occupier who owns either the leasehold or freehold of all or part of the property.
2. A resident tenant.
3. A resident who lives in the property and who is a licensee - this means that they’re not a tenant, but have permission to stay there.
4. Any resident living in the property, for example, a squatter.
5. An owner of the property where no one is resident.

I'd say 3 describes your son.

The OP is 1 in this hierarchy, 3 would only apply where no-one in the household fell into categories 1 or 2.

So, strictly speaking the son is not liable to pay the council tax - the responsibility to pay rests with the parents, but because the son lives in the property the council are not giving his parents any assistance or discounts on council tax.  Very similar result in terms of how much money the council want and why but a difference in who they should take action against first in the case of non-payment.

missile

Justiceforme said:

...  £300.00 a month, over 12 months it is £3.600 per year, not sure what band your are in.  ..

That is very high. I am "only" £289 per month in Aberdeen.

lincroft1710

theoretica said:

lincroft1710 said:

Lover_of_Lycra said:

mbowditch said:

I was made redundant due to Covid in April, I am 61 and finding it absolutely impossible to find a job, my husband who is 70 and has on set dementia gets his state pension, we get universal credit to go towards our rent but nothing towards our council tax, which is £300 pm, they say we are not entitled to any reduction as our son, who they class as a tenant as he is 28 and works as a chef, should pay the council tax in full.  He is trying to save for his own place, why should he be responsible for it in full, that is so unfair.  Anyone else in this position, or advice on what to do please?

As a household you are not exempt from paying council tax.  There is a hierarchy of liability for council tax which is:

1. A resident owner-occupier who owns either the leasehold or freehold of all or part of the property.
2. A resident tenant.
3. A resident who lives in the property and who is a licensee - this means that they’re not a tenant, but have permission to stay there.
4. Any resident living in the property, for example, a squatter.
5. An owner of the property where no one is resident.

I'd say 3 describes your son.

The OP is 1 in this hierarchy, 3 would only apply where no-one in the household fell into categories 1 or 2.

So, strictly speaking the son is not liable to pay the council tax - the responsibility to pay rests with the parents, but because the son lives in the property the council are not giving his parents any assistance or discounts on council tax.  Very similar result in terms of how much money the council want and why but a difference in who they should take action against first in the case of non-payment.

In a case of non-payment a council can only take action against the liable person(s). I don't know if the OP has misconstrued what the council said or if it was not expressed clearly. I believe that where there is a claim for Council Tax Reduction, the total household income can be taken into consideration, so the son's earnings may put them over the limit for CTR.

MovingForwards

My mom is liable for all the council tax, but has a deduction from her exemption / reduction (her income is state pension and pension credit ) due to my sibling living in the family home.

Unless OP comes back to clarify what the letter says, as councils do send letters up here, or exactly what was said on the phone, and exactly what their income is, no one can offer any useful advice.

macman

Were son to move out, then it's possible that the husband's illness would allow him to be classified as SMI. He would then be disregarded for CT and the OP would be entitled to the 25% single person discount, assuming that there are no other adult residents.

fatbelly

I often see this situation where the council tax payer has claimed council tax reduction and declared a resident non-dependant.
The council then ask for proof of income and (for one reason or another) this is not provided.
The council then have to do the calculation based on  the maximum non-dependant income. Mine is 

Gross income at least £447.40 per week = contribution of £12.20 per week

The claimant then complains that this is unfair.

CIS

Were son to move out, then it's possible that the husband's illness would allow him to be classified as SMI.

Even with the son resident the father can still be considered disregarded as SMI - in fact, he should be if he meets the criteria. What it won't do is give a discount due to their being 2 other resident adults (Do not confuse disregards and discounts - two connected, but different issues).

As above though, the son is not liable for the council tax charge and so, although the council may well have suggested he contribute, he is not personally responsible for the council tax charge as far as the council are concerned.

Hasbeen

MovingForwards said:

lincroft1710 said:

I'm now wondering if OP is in Scotland where CT payments include water rates and sewerage payments

That would still put them in a band F or G.

Typical Scottish Band?

BAND	PROPERTY VALUATION (1991)	COUNCIL TAX CHARGES 2019/20 (£) for comparison	COUNCIL TAX CHARGES  2020/21 (£)	WATER  CHARGE 2020/21 (£)	WASTE WATER  CHARGE 2020/21 (£)	TOTAL CHARGES 2020/21 (£)
A	Up to £27,000	814.45	853.87	£138.24	£160.50	1152.61
B	£27,000 - £35,000	950.19	996.18	£161.28	£187.25	1344.71
C	£35,000 - £45,000	1085.93	1138.49	£184.32	£214.00	1536.81
D	£45,000 - £58,000	1221.67	1280.80	£207.36	£240.75	1728.91
E	£58,000 - £80,000	1605.14	1682.83	£253.44	£294.25	2230.52
F	£80,000 - £106,000	1985.21	2081.30	£299.52	£347.75	2728.57
G	£106,000 - £212,000	2392.44	2508.23	£345.60	£401.25	3255.08
H	Over £212,000	2993.09	3137.96	£414.72	£481.50	4034.18