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council tax empty house

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I have moved in with my girlfriend - I have put the house I own up for sale - as it has been empty for three months I have to pay full council  tax on it until it sells.  As I have been living at my girlfriends she has been paying the full council tax instead of getting 25% off.    It would now be logical for me to 'officially' move back into the house until it is sold , so I could claim the 25% discount there , although I would still be sleeping ( as a visitor ?) at my girlfriends house.   It is logical - it is the house I own - does not mean I have to sleep there -  but is it legal ?

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  • fatbelly
    fatbelly Posts: 23,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    It sounds like you have already told the council that you have moved into your girlfriend's house. I am not sure why you were so quick to do that if no-one is living at your house.

    If you now say that you have moved back, they may want some evidence. If your house sells quickly, you then have to declare that you have moved again. It all gets messy and flags you up for investigation.
  • I told the council I was living at my girlfriends a year ago because I had a tenant at my house (who moved out 3 months ago ) .  I am not trying to commit a fraud here, just use the rules to my best advantage.    If I say I am moving back in why would I need to prove it ?   It is my house and I would be paying the council tax and bills.  I could move back in today and go on holiday for a couple of years and would they be bothered - It would still be my house, my home - so if I am 'on holiday ' at my girlfriend , is there a difference?   
  • 400ixl
    400ixl Posts: 4,482 Forumite
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    sscrabble said:
    I am not trying to commit a fraud here, just use the rules to my best advantage.   
    Fraud is exactly what you are trying to commit. You won't be living there.

    Yes you could claim you have moved back and both be able to claim the single person rebate. Probably low chances you would be caught, so its your ethics really.
  • Why on earth is it fraud -  - I OWN the house - why should the council care where I actually sleep ?
  • marcia_
    marcia_ Posts: 3,461 Forumite
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    sscrabble said:
    Why on earth is it fraud -  - I OWN the house - why should the council care where I actually sleep ?
     It's fraud because you admit you will in fact be sleeping at your girlfriend's home or on a long holiday there 🙄 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 8 December 2023 at 8:35AM
    Hi,
    so, if you move back to your own house will girlfriend then claim the 25% discount on her house/your holiday house?
  • sammyjammy
    sammyjammy Posts: 7,959 Forumite
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    My opinion is that you are only liable for council tax in one property (unless its a second home) so you would be entitled to both claim 25% reduction on your own properties up until your house sells and you then become jointly liable again at your girlfriends.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • lincroft1710
    lincroft1710 Posts: 18,942 Forumite
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    My opinion is that you are only liable for council tax in one property (unless its a second home) so you would be entitled to both claim 25% reduction on your own properties up until your house sells and you then become jointly liable again at your girlfriends.
    A person is only entitled to the 25% SPD if they are living at the property. So if the OP moves back into his own property then he and gf are both entitled to the 25% SPD, If OP  continues to live with gf then neither property is entitled to 25% SPD. 


    If the OP claims to be living at his own house but is actually living with gf and claims the 25% SPD then he is committing CT fraud. As is his gf if she similarly claims.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • marcia_
    marcia_ Posts: 3,461 Forumite
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    edited 8 December 2023 at 4:03PM
    My opinion is that you are only liable for council tax in one property (unless its a second home) so you would be entitled to both claim 25% reduction on your own properties up until your house sells and you then become jointly liable again at your girlfriends.
     That is wrong because it's not based on owning a house. It's assessed based on where you actually live. Claiming to live in the house you own whilst actually living in your partners home is fraudulent. 
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