Council tax - single person discount. (Worried)

fgcann001

I own my own home and pay all the bills myself. My boyfriend has been staying 2-3 nights a week for the past 4-5 years.  Other nights he is staying with various friends as he does not rent or own his own home and was declared bankrupt some 5 years ago after splitting with a previous partner whom he lived with. Therefore he hasn’t been registered as paying any council tax for the last 5 years as he’s been literally sofa surfing.  He’s going to come to live here full time soon.  I’m worried the council will query this and I’ll be liable for council tax for him as he’s been staying those nights, not registered elsewhere and I get a single person discount as I live alone with my young child.  Can anyone advise on this as I’m deeply concerned.  Thank you. 

tacpot12

I don't think you need to worry about this issue. When he comes to live with you full time, it is then, and only then, that you need to declare this to the Council Tax department. Until then you are entitled to the single person's discount. 

The Council Tax departments don't track the people who are not paying council tax. They have more than enough to do to track who is paying council tax and to make sure that their bills are correct.  

Make sure you tell the council as soon as he moves in full time, and be robust with them that he was NOT living there prior to that date. 

lincroft1710

Unlike the long defunct Community Charge (or "Poll Tax") Council Tax is not person based. A person is only liable for CT on a dwelling they live in if they own or are a tenant of that dwelling. A partner or spouse of the owner or tenant will be jointly and severally liable. So if you and your boyfriend will be living together as if man and wife, he will be jointly and severally liable for the payment of CT. Severally means that if one party usually pays the CT but defaults, then the council can chase the other party for the whole amount. Lodgers and adult relatives living with you but not named on the tenancy or deeds of that dwelling are not liable. If a person lives in a dwelling without permission (a squatter) then they will be liable for paying CT.

Single Person Discount ceases as soon as a second adult occupies a dwelling, whatever the status of their liability. If this person is a full time student the SPD will still apply.

The above is a general guide only and does not embrace all scenarios.

Grumpy_chap

Based on the OP, the boyfriend only ever stayed 2-3 nights / week.  That is not the majority in any week, so main residence must be "somewhere else".

When the OP declares the new resident, does the form with the Council ask where the new resident lived before?

Morrigan_2020

Where does he keep his stuff?  Clothes etc?

MalMonroe

If you and your boyfriend are on low incomes, you may be able to apply for a council tax reduction. Citizens Advice has information about it and also your local tax office will be able to help.

Link here : https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-with-your-council-tax-council-tax-reduction/council-tax-reduction-making-an-application/council-tax-reduction-who-can-apply/  

But obviously if your boyfriend hasn't been living with you before, then he won't have been liable for any council tax. So please don't worry. 

As long as you tell the tax office when he moves in you will be fine. But don't forget to ask about any discount you may be entitled to because there may be one, instead of the single person discount you are now entitled to. You can ask for nothing, anyway, as each local authority has its own CTR scheme.  

fgcann001

Morrigan_2020 said:

Where does he keep his stuff?  Clothes etc?

He keeps his clothes at a few different friends as he stays at theirs different days. He doesn’t have anything else.  He uses my car and is on as a named driver but that’s it.  

CIS

Grumpy_chap said:

Based on the OP, the boyfriend only ever stayed 2-3 nights / week.  That is not the majority in any week, so main residence must be "somewhere else".

When the OP declares the new resident, does the form with the Council ask where the new resident lived before?

Council Tax residence looks at far more than days of the week - a person, can legally, spend years away from a property and still be resident for the purposes of council tax.

fgcann001

CIS said:

Grumpy_chap said:

Based on the OP, the boyfriend only ever stayed 2-3 nights / week.  That is not the majority in any week, so main residence must be "somewhere else".

When the OP declares the new resident, does the form with the Council ask where the new resident lived before?

Council Tax residence looks at far more than days of the week - a person, can legally, spend years away from a property and still be resident for the purposes of council tax.

I’ve just contacted them and as he’s moving in as a lodger and not on the account, which is in my name (as is everything else) I just lose my single occupancy discount and he will now registered as living here.  So all done and sorted thankfully.  👍.  Very much appreciate all your replies as I was rather worried about it all.  Thank you. 

phillw

fgcann001 said:
He keeps his clothes at a few different friends as he stays at theirs different days. He doesn’t have anything else.  He uses my car and is on as a named driver but that’s it.  

Where has he told his bank and his doctor that he lives?
Councils can ask experian how many adults live at an address, but they tend to do this only if they get a tip off.

fgcann001

His bank details went to a previous place he was renting and then when he left there and started sofa surfing he had them sent to mine, even though he wasn’t living with me.   Don’t think he ever registered at a gp.