Council tax in private tenancy with partner staying on/off.

ruddin1

I will be living in a new borough, renting privately. My partner will be staying over on/off a few days every so often regularly. My partner currently lives with their parents in a council house and pays rent and council tax. If my partner stays over with me often regularly but not permanently, is this something that would need to be declared to the council for council tax purposes?

Baldytyke88

If your partner is registered to vote at his parents, it should then be considered his main address.

Someone else may give more details. However, it does sound like he will be classed as living at your address in the future.

silvercar

Partners contribution to their parent’s rent and council tax is something they will need to sort between them and their parents. Unless at least one of the parents are exempt from council tax, in which case whether your partner is registered at the parents address will impact the bill and need to be declared.

Your partner and you will need to decide if your address should become their permanent address, as this will affect your single person discount on your own council tax. If you are claiming benefits, it may effect your benefits also.

FlorayG

No. If he has a permanent address elsewhere and pays rent there. he doesn't live with you and you can claim single person's discount. It doesn't even matter if he stays every weekend or every Monday to Friday -legally, he doesn't live there, he's a guest

ruddin1

Thank you. This is very helpful  @FlorayG

FlorayG

@ruddin1 I'm sure of this because I'e had lodgers who only stayed Mon-fri and went home at weekends. I checked with my council and was told, no, they pay council tax at their main home, so even though these were paying me money they didn't count as 'resident'

ruddin1

Thanks for confirming @FlorayG .  So bottom line is if she already has permanent address with her parents and pays rent and council tax to her council  as a non dependent there then it doesn't matter how long or often she stays with me and I can just pay single person council tax

lincroft1710

Your partner would only pay CT at her parents' home if she was named on the tenancy. If she is not named on the tenancy she is not liable for CT. As she is not on the tenancy of your flat, she has no liability for CT there either. 


The question to be answered is therefore, does her staying over on a regular basis mean you are no longer eligible for Single Person Discount? As your posts intimate her home is still with her parents, then IMHO you are still entitled to claim SPD

ruddin1

@lincroft1710 - that is correct. She lives with her parents in a council house as a non dependent and as such pays rent and council tax based on that situation rather than as a tenant. 

As previously clarified, this means it wouldn't really matter how often she stays with me it shouldn't affect  my council tax unless i missed something? 

Bookworm105

ruddin1 said:

As previously clarified, this means it wouldn't really matter how often she stays with me it shouldn't affect  my council tax unless i missed something? 

yes it will matter how often she stays with you because what is defined as main home is based on a lot more than is she a non dependent elsewhere.

Non dependent means she is not legally liable to pay council rent or council tax in her own name, and so, for example, cannot claim council tax support if she cannot keep up her payments. Her parents on the other hand will incur a deduction from any council tax support payment they claim on the basis she is contributing towards the household costs (whether she does so or not).

if she moves her stuff into your property and stays there 5 nights a week and goes to work from your place then it starts to look like she is resident there and you can't claim SPD. At the moment, as lincroft says, your claim to SPD is OK, but there will be a fine line crossed when it no longer is when you become a "couple"

ruddin1

Thanks @Bookworm105 -  Would it make sense to have her added as someone living with me and so she pays council tax as well to cover my bases if she does stay over that often? Would that affect where she is currently staying in terms of her parents as a non-dependent?