Proof of residency for council tax

threebeez

If I let my son live rent free in my second home property in Wales he has agreed to pay the council tax.
How do I prove to the council that he is living there? What would documents I be expected to provide? 

Would I have to meet the councils requirements as a landlord even though the property an off grid wooden shack without mains water? 

I do hope someone can clarify.
Many thanks.

tacpot12

If you allow your son to occupy the property on a licence rather than with a tenancy agreement, then the council may not require you to meet their requirements for landlords. For example, there is no requirement to protect a deposit that is taken when issuing a licence to occupy. See this Shelter webpage, especially the section entitled "No intention to create a tenancy" Shelter Legal England - What is a licence? - Shelter England 

If there is no tenancy, then you can argue that you are not a landlord. You can also ask the council if you would have to reggister as a landlord if you were letting out a room in your house. If the answer is no, then it should also be No for your off-grid property because it would be licence to occupy and not a tenancy in both cases.

For more details about licences, have a ready of the information on this link (it's not just about the term of a licence): Licence to occupy: How long can a licence to occupy last for? (harperjames.co.uk)

Proof that someone is occupying an address is usually done by providing letters and documents that are sent to the person at that addres, e.g. utility bills, bank statements and benefit letters. 

As the property is off-grid, there won't have any utility bills. If the property doesn't have a postal address and can't receive post, then the difficulty increases. You may have to ask the council for what they will accept as evidence that he is now living there. 

Alderbank

tacpot12 said:

 See this Shelter webpage, especially the section entitled "No intention to create a tenancy" Shelter Legal England - What is a licence? - Shelter England 

If there is no tenancy, then you can argue that you are not a landlord. 

There aren't any tenancies any more in Wales. If you rent a property to live in you now have a Contract and you are called a Contract Holder. Shelter England might not know this but Shelter Cymru do.

I think this question is about the council tax premium levied on second homes in Wales.

Each local authority has its own tests for determining whether a claimed occupant genuinely lives in the property or is just seeking to evade the premium, but they will look for indicators such as whether your son is registered with a local doctor and the address he has registered for income tax with HMRC.

Baldytyke88

threebeez said:

If I let my son live rent free in my second home property in Wales he has agreed to pay the council tax.
How do I prove to the council that he is living there? What would documents I be expected to provide? 

Would I have to meet the councils requirements as a landlord even though the property an off grid wooden shack without mains water? 

I do hope someone can clarify.
Many thanks.

Maybe something as simple as a bank statement or his name on the electoral register with the address?

Marcon

threebeez said:

If I let my son live rent free in my second home property in Wales he has agreed to pay the council tax.
How do I prove to the council that he is living there? What would documents I be expected to provide? 

Would I have to meet the councils requirements as a landlord even though the property an off grid wooden shack without mains water? 

I do hope someone can clarify.
Many thanks.

The relevant local council in Wales are probably best placed to help with all your queries.

lincroft1710

If your son lives in the property, he is in fact liable for the CT as he is the actual occupier.