Council Tax issue

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Hi


I don't know if I'm on the right board but I'm trying to help my friend out with some information.


He split with his partner approximately 18 months ago and moved out of their shared rented property.


He moved around a bit before staying with a friend. This friend will not include him on the council tax because his landlord doesn't know that he is letting him stay even though he has brought it up several times with him.


Therefore he hasn't been paying council tax for 18 months since leaving as it was all sorted for him by the agents.


He's now really worried as he needs to register but doesn't know what to do if they ask about his living circumstances for the past 18 months. He doesn't have any proof of where he has been living. He is not from the UK but he is legally here from within the EU. I really don't know what to suggest. His flatmate is a **** and won't budge but he can't afford to move anywhere else on his own and doesn't want to rent a room in a house with strangers.


I really don't know what to suggest. He could one day move in with me should space become available but then will he get a hefty fine from the Council?


Anyone constructive non-judgemental help would be very much appreciated.


Thanks

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  • CIS
    CIS Posts: 12,260 Forumite
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    edited 21 June 2018 at 2:09PM
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    He moved around a bit before staying with a friend. This friend will not include him on the council tax because his landlord doesn't know that he is letting him stay even though he has brought it up several times with him.
    The friend renting the property would be the one liable for the council tax charge. He is clearly resident at the property but his friend has the higher legal interest and is responsible for payment. The friend renting the prpoperty is likely incorrectly receiving a single person discount and he is the one who will be held to account for it, the fact he is worried about the landlord has no bearing on the correct council tax decision.
    I really don't know what to suggest. He could one day move in with me should space become available but then will he get a hefty fine from the Council?
    Legally your friend has done nothing wrong under council tax legislation. The council cannot fine anyone (fines can be issued only by the court and are limited in scope for council tax purposes). There are roundabout ways the council could request a previous address (and issue a penalty - not a fine - for not complying) but it would be an unusual route for the council to take.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • VintageBelle
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    So if he just tells them when he does come to pay council tax that he hasn't had a permanent address for a while will he be ok?


    He's heard horror stories of peope going to prison or getting a huge fine etc and because of brexit and the new EU registration for none UK Citizens I think he's concerned about having proof of where he's been living etc.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    So if he just tells them when he does come to pay council tax that he hasn't had a permanent address for a while will he be ok?


    He's heard horror stories of peope going to prison or getting a huge fine etc and because of brexit and the new EU registration for none UK Citizens I think he's concerned about having proof of where he's been living etc.


    That's a differemt issue - for council tax he's fine. Whether or not he would be for other purposes depends on the relevant legislation for that.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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