Council tax - single occupier discount, interview under caution

michael8626

gbhxu 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. 

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.

It might be 90% empty but I’m living there 3-4 days per week on my own.  I have paid £2500 council tax this year. 

If they want me to attend an interview under caution then surely I can be legally represented. If I’m successful then I can claim costs surely, that’s how the system works? 

sheramber

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

Dos that mean they are querying you are sole occupier of a 4 bedroom house?.

sevenhills

michael8626 said:

gbhxu 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. 

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.

It might be 90% empty but I’m living there 3-4 days per week on my own.  I have paid £2500 council tax this year. 

If they want me to attend an interview under caution then surely I can be legally represented. If I’m successful then I can claim costs surely, that’s how the system works? 

You clearly don't know how the system works. No where have you said it is your main residence, just that you are claiming it.
It clearly isn't, but I don't see it being in the council's interest to prosecute. Your interests in the other property is obviously causing concerns for the council.
You need to tread carefully, get yourself registered there for everything.

michael8626

sevenhills said:

michael8626 said:

gbhxu 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. 

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.

It might be 90% empty but I’m living there 3-4 days per week on my own.  I have paid £2500 council tax this year. 

If they want me to attend an interview under caution then surely I can be legally represented. If I’m successful then I can claim costs surely, that’s how the system works? 

You clearly don't know how the system works. No where have you said it is your main residence, just that you are claiming it.
It clearly isn't, but I don't see it being in the council's interest to prosecute. Your interests in the other property is obviously causing concerns for the council.
You need to tread carefully, get yourself registered there for everything.

I can’t sell the house so it’s going back on the rental market next week. 

What is the legal definition of a main residence, I’m not sure there is one? 

I think for CGT it’s 90 days a year?

michael8626

I explained everything to the council 11 months ago. I said this arrangement was only temporary for up to a year. 

dil1976

michael8626 said:

I explained everything to the council 11 months ago. I said this arrangement was only temporary for up to a year. 

Why if nothing is a miss with the situation did you feel a need to inform of them of the situation?

born_again

michael8626 said:

sevenhills said:

michael8626 said:

gbhxu 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. 

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.

It might be 90% empty but I’m living there 3-4 days per week on my own.  I have paid £2500 council tax this year. 

If they want me to attend an interview under caution then surely I can be legally represented. If I’m successful then I can claim costs surely, that’s how the system works? 

You clearly don't know how the system works. No where have you said it is your main residence, just that you are claiming it.
It clearly isn't, but I don't see it being in the council's interest to prosecute. Your interests in the other property is obviously causing concerns for the council.
You need to tread carefully, get yourself registered there for everything.

I can’t sell the house so it’s going back on the rental market next week. 

What is the legal definition of a main residence, I’m not sure there is one? 

I think for CGT it’s 90 days a year?

https://www.gosport.gov.uk/article/1482/Sole-or-Main-Residence

michael8626

dil1976 said:

michael8626 said:

I explained everything to the council 11 months ago. I said this arrangement was only temporary for up to a year. 

Why if nothing is a miss with the situation did you feel a need to inform of them of the situation?

I respectfully informed them I would be living between two properties, renovating the ex rental. It was a temporary arrangement for for up to a year. 

The rental is the only house I own, I pay all the utilities there and a mortgage. 

I don’t own any other properties or have any other bills in my name elsewhere.

I was trying to be open and transparent. 

peteuk

As landlord when the property is empty (no tenants) you are liable for the council tax.  

If the property you are living in is your main residence eg ER/bank address then I cant see how you can claim single occupancy at another property.  Remember its the property that tracks the CT not you.

NedS

michael8626 said:

dil1976 said:

michael8626 said:

I explained everything to the council 11 months ago. I said this arrangement was only temporary for up to a year. 

Why if nothing is a miss with the situation did you feel a need to inform of them of the situation?

I respectfully informed them I would be living between two properties, renovating the ex rental. It was a temporary arrangement for for up to a year. 

The rental is the only house I own, I pay all the utilities there and a mortgage. 

I don’t own any other properties or have any other bills in my name elsewhere.

I was trying to be open and transparent. 

For CT purposes, you cannot live between two properties - you will be registered as living at one or the other.

If you are living with your friend as your main residence, then you will be liable for a share of the CT there, and the full CT for the empty property that you own.

If you are registered as living at the rental property, then you would be liable for CT there, presumably at single occupancy rate.

I assume the council have evidence to suggest you have been living at the other property (which you admit you have been, at least partially) and wish to investigate if a fraud has occurred.

I would imagine it would be in your interests to fully cooperate with their investigation and tell them the facts of the case.