single household council tax

flyinghorse007

hi All
I don't know if  anyone can help me, since July 2020 my husband has had a job abroad on a 3 year contract. I was due to travel with him but due to the current coronavirus climate I stayed in the UK. We have applied for single occupation council tax but have been told  :

Unfortunately, no Council Tax reduction can be given where a person is away from their sole or main residence for any periods of time.

On the information I have it appears that the above address is the main residence of MR* *. Therefore, no discount is due and you must pay the amount on your bill.

 The High Court upheld a similar decision in the case of Cox v London South West Valuation Tribunal. In giving his judgement the judge held that, where a spouse lives partly in one place and partly in another, it is reasonable to presume that the place where his or her partner and children live is their main residence.

I don't know what "On the information I have it appears that the above address is the main residence of MR*"  is ? We have been given a right to appeal but we would like to know if there is any legal defence we can use?

Any help would be most appreciated, thank you in advanced.

  

lincroft1710

A very common scenario. The council know your husband has been living at your address and presume he will return there at the end of his contract. Therefore no discount. I am not an expert in this field of CT, but I believe the council are correct.

CIS

The council would appear to be correct from what you have posted. There is extensive case law regarding residence and working overseas. It rarely breaks the residence rules, even if you join him it's almost always the case that your residence would remain at your UK property.