Council tax - single occupier discount, interview under caution

michael8626

Hi

I have an interview for the above. It’s on a ex rental property, I have been staying there a few days each week for 10 months while I renovate it, I have classed it as my main residence, even though I am on the electoral role elsewhere. I have told the council this. I pay all utilities there in my name and a mortgage. 

I do not own any other property or have any other bills in my name anywhere else. 

The council have all this information. I am prepared to attend their interview and be legally represented. Also taking time off work, can I reclaim all my expenses when I am fully exonerated? I will be making the council fully aware of my intentions before I attend. 

Is my legal route through the small claims court? 

Also do the council have to disclose what evidence they have about my situation beforehand? 

Many thanks 

TELLIT01

You are clearly occupying another property if you only stay in the ex-rental a few days a week.  Where do you stay when not at that property? The council must have valid reasons to be conducting an interview under caution, so I very much doubt you would have grounds to reclaim any losses incurred.  Your interpretation of entitlement to single-occupier-discount may differ from theirs.

MikeJXE

michael8626 said:

Hi

I have an interview for the above. It’s on a ex rental property, I have been staying there a few days each week for 10 months while I renovate it, I have classed it as my main residence, even though I am on the electoral role elsewhere. I have told the council this. I pay all utilities there in my name and a mortgage. 

I do not own any other property or have any other bills in my name anywhere else. 

The council have all this information. I am prepared to attend their interview and be legally represented. Also taking time off work, can I reclaim all my expenses when I am fully exonerated? I will be making the council fully aware of my intentions before I attend. 

Is my legal route through the small claims court? 

Also do the council have to disclose what evidence they have about my situation beforehand? 

Many thanks 

I can't see what the problem is. ?

I have been single occupier for 10 years. I'm on my 4th property since then and never once had to prove anything 

Also when I have moved in I would be on the ER at a different location. 

How would the council have any evidence unless they are saying you're lying and can prove it ?

Only you would know that 

HillStreetBlues

michael8626 said:

Hi

I have an interview for the above. It’s on a ex rental property, I have been staying there a few days each week for 10 months while I renovate it, I have classed it as my main residence, even though I am on the electoral role elsewhere. I have told the council this. I pay all utilities there in my name and a mortgage. 

I do not own any other property or have any other bills in my name anywhere else. 

The council have all this information. I am prepared to attend their interview and be legally represented. Also taking time off work, can I reclaim all my expenses when I am fully exonerated? I will be making the council fully aware of my intentions before I attend. 

Is my legal route through the small claims court? 

Also do the council have to disclose what evidence they have about my situation beforehand? 

Many thanks 

I don't think you can claim anything back (could be corrected)  as an IUC  is optional,  you can choose not to go.

michael8626

TELLIT01 said:

You are clearly occupying another property if you only stay in the ex-rental a few days a week.  Where do you stay when not at that property? The council must have valid reasons to be conducting an interview under caution, so I very much doubt you would have grounds to reclaim any losses incurred.  Your interpretation of entitlement to single-occupier-discount may differ from theirs.

I’m between two properties. 

I only own one, the one I’m claiming at. 

Do they have to disclose their evidence beforehand? 

michael8626

I have nothing to hide, it’s not a ‘clean’ situation, I live with a friend at the other property and the council actually wanted both properties to claim single occupancy, which would have left the tax payer even worse off. 

They also argued where my ‘possessions’ are? 

They actually said you cannot live from one room in a four bed house? 

The property is 95% empty, it’s been up for sale. 

MikeJXE

michael8626 said:

TELLIT01 said:

You are clearly occupying another property if you only stay in the ex-rental a few days a week.  Where do you stay when not at that property? The council must have valid reasons to be conducting an interview under caution, so I very much doubt you would have grounds to reclaim any losses incurred.  Your interpretation of entitlement to single-occupier-discount may differ from theirs.

I’m between two properties. 

I only own one, the one I’m claiming at. 

Do they have to disclose their evidence beforehand? 

What is a few days a week 3/4 

If you are occupying the place you own for any length of time you pay council tax, if it's just you you get a single person discount

You live somewhere else for the other 3/4 days a week, for that property if it's occupied with someone other than you they should be paying full council tax

If thats all true then they don't have any evidence to disclose 

It's not rocket science 

HillStreetBlues

michael8626 said:

I have nothing to hide, it’s not a ‘clean’ situation, I live with a friend at the other property and the council actually wanted both properties to claim single occupancy, which would have left the tax payer even worse off. 

They also argued where my ‘possessions’ are? 

They actually said you cannot live from one room in a four bed house? 

The property is 95% empty, it’s been up for sale. 

So what is the  issue about then?

NedS

michael8626 said:

I have nothing to hide, it’s not a ‘clean’ situation, I live with a friend at the other property and the council actually wanted both properties to claim single occupancy, which would have left the tax payer even worse off. 

They also argued where my ‘possessions’ are? 

They actually said you cannot live from one room in a four bed house? 

The property is 95% empty, it’s been up for sale. 

They are attempting to determine which is your main residence as you have stated you spend time at each property. They will look at things like where your possessions are, where you are registered to vote, the address on your bank accounts/statements, which address you are registered at your GP etc - all of which will help them determine which address should be treated as your main residence.

Are you on a tenancy agreement at your friends house where you also live? Do you pay rent there? Are you legally liable for rent there?

gbhxu

michael8626 said:

I have nothing to hide, it’s not a ‘clean’ situation, I live with a friend at the other property and the council actually wanted both properties to claim single occupancy, which would have left the tax payer even worse off. 

They also argued where my ‘possessions’ are? 

They actually said you cannot live from one room in a four bed house? 

The property is 95% empty, it’s been up for sale. 

To be honest that is the best scenario for you and the council is strangely being fair.

Each council seems to have their own policy regarding council tax on an empty property.

My local council would be charging you 100% council tax on the ex-rental property when empty.
They then add what they call a Long Term Empty Dwellings Premium if the property is still empty after 2 years. This starts at an extra 50% on top of the CT rising to and extra 300% if the property is still empty after 10 years.

michael8626

NedS said:

michael8626 said:

I have nothing to hide, it’s not a ‘clean’ situation, I live with a friend at the other property and the council actually wanted both properties to claim single occupancy, which would have left the tax payer even worse off. 

They also argued where my ‘possessions’ are? 

They actually said you cannot live from one room in a four bed house? 

The property is 95% empty, it’s been up for sale. 

They are attempting to determine which is your main residence as you have stated you spend time at each property. They will look at things like where your possessions are, where you are registered to vote, the address on your bank accounts/statements, which address you are registered at your GP etc - all of which will help them determine which address should be treated as your main residence.

Are you on a tenancy agreement at your friends house where you also live? Do you pay rent there? Are you legally liable for rent there?

No rent agreement at my friends property. I am on the electoral role there as I have lived there for the previous 12 years. It was from feb last year I took back my rental property to renovate it and try and sell it. I disagree with ‘possessions’ you can live anywhere with a minimum amount of items. I have financial accounts at both properties.