Council tax - single occupier discount, interview under caution

Jyana

You're not paying the council tax bill from a bank account that you have registered at the other address by any chance are you? That sort of thing may set off a question in their minds, for example.

marcia_

 Where you nominate to be your main residence doesn't count for CT. Where you live for the majority of the time does, where all your belongings are, where you sleep most nights, where you are registered to vote. Sleeping there a few nights doesn't make it your residence. 

TELLIT01

The only way you are going to get this cleared up is to attend the interview.  Contact the council in advance to see if you can bring a legal representative with you, assuming there is nothing regarding that on the letter you received.  It may be something as simple as their definition of 'main residence' being different to yours.  Unfortunately, their definition will trump yours.

HillStreetBlues

TELLIT01 said:

 Unfortunately, their definition will trump yours.

If neither parties agree the ultimately a judge will decide, it it goes that far. There is no "trumping" it's decided on the evidence.

FBaby

I was in exactly the sane situation 5 years ago. I called the Council and they told me that I could I my be exempt if paying CT if the house was inhabitable. It was as there were no kitchen not bathroom. They actually cane to visit to agree to it and even then it was only agreed for a limited time. 

Otherwise, I had to pay. 

michael8626

NedS said:

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.

‘If you are living with your friend as your main residence, then you will be liable for a share of the CT there’

I wasn’t aware this was the case, do you have any links to reference this please? 

michael8626

TELLIT01 said:

The only way you are going to get this cleared up is to attend the interview.  Contact the council in advance to see if you can bring a legal representative with you, assuming there is nothing regarding that on the letter you received.  It may be something as simple as their definition of 'main residence' being different to yours.  Unfortunately, their definition will trump yours.

There is no legal definition of main residence so everything can be challenged. 

I told them today I will be attending, along with my solicitor. 

They have accused me of fraud and dishonesty and I asked for it to be placed on record that if I am fully exonerated I will be seeking to reclaim all costs incurred in the matter. 

They have then stated it’s only a voluntary interview and I don’t have to attend? As the interview is voluntary, payment of costs is not applicable? 

In the initial paperwork send to me they clearly stated the interview is under caution, in accordance with the Fraud Act 2006 and the interview and investigation may result in criminal proceedings against me?

Yet it’s voluntary to attend, and if I am subsequently successful I am unable to claim costs? 

michael8626

HillStreetBlues said:

TELLIT01 said:

 Unfortunately, their definition will trump yours.

If neither parties agree the ultimately a judge will decide, it it goes that far. There is no "trumping" it's decided on the evidence.

Exactly. 

michael8626

FBaby said:

I was in exactly the sane situation 5 years ago. I called the Council and they told me that I could I my be exempt if paying CT if the house was inhabitable. It was as there were no kitchen not bathroom. They actually cane to visit to agree to it and even then it was only agreed for a limited time. 

Otherwise, I had to pay. 

Yes correct. 

But empty property and uninhabitable are two different things. There is a specific form for an uninhabitable property. 

dil1976

michael8626 said:

TELLIT01 said:

The only way you are going to get this cleared up is to attend the interview.  Contact the council in advance to see if you can bring a legal representative with you, assuming there is nothing regarding that on the letter you received.  It may be something as simple as their definition of 'main residence' being different to yours.  Unfortunately, their definition will trump yours.

Yet it’s voluntary to attend, and if I am subsequently successful I am unable to claim costs? 

If it is found against you, will you be happy to pay all their fees they have had to pay out?