Council tax

Scot677

Hi there, this is my first post and as you'll see it's quite an unusual and complicated situation so hopefully won't put people off. My ex partner and I bought 2 properties in a farm steading a few years back. She paid the bulk of the sale (75%) to cover the larger property with the cost of the other property covered by me. The original intention was to buy under separate titles but the seller insisted in having both on the one title.  Our solicitors at the time advised placing the title in my name for tax purposes as I did not own another property at the time and my partner did which saved my ex quite a large stamp duty bill. The property I was buying would not have attracted any stamp duty if sold on its own.  The intention was to split the title soon after purchase but this never materialised.  We then broke up and she remained in the larger property while I rented out the smaller property.  It took many months before she eventually agreed to have the title split but just as we were about to sign the documents she started accusing me of not signing the title over when requested and threatened court action.  She later abandoned the property and ensured the council tax bill came my way.  This was over 2.5 years ago and I have had to pay council tax on the property ever since with the last 18 months being at double the rate.  Her belongings are still in the property; beds, sofas, fridge freezer, clothes and she is still paying the electricity.  She visits the property regularly but  has refused me access and raised a court injunction preventing me selling the property.  I realise I could take possession but have tried unsuccessfully to reach agreement amicably. I have contacted the council to explain I have not set foot in the property for over 4 years and the purchase was solely from my ex partner's funds but have been told as my name is on the title I am responsible for the council tax.  Apart from other ongoing issues, the biggest strain on my finances is the double council tax so was hoping for some advice on what options are open to me in challenging the council tax payments.  Should my ex not be responsible as she is the only one with access, has many belongings in the property, is still connected to the electricity supply, visits the property regularly, bought the property and is preventing access? She will be the only one who will benefit from the sale of the property when that eventually happens and I just happen to be in the position of being on the title despite my best endeavours to transfer this across.

lincroft1710

Hierarchy of responsibility, the person who occupies a dwelling is responsible for paying the CT. Your ex would be considered to be the occupier as only she has access and her belongings are stored there

Scot677

Thanks for this. I managed to persuaded the council to give a deduction saying it was unfurnished but it's worth finding out if they would accept the argument you've detailed.