Reclaiming sole occupier discount retrospectively

Barney683
Barney683 Posts: 22 Forumite
First Anniversary First Post
in Reclaim mortgage fees, council tax, etc
Hi.

I have been a sole occupier for 15 years but have not been receiving the sole occupier council tax discount.

Are the council obliged to refund the over-payment?


Thanks

Comments

  • unforeseen
    unforeseen Posts: 7,279 Forumite
    First Anniversary Name Dropper First Post
    Most councils limit it to 6 months
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    There's no legal basis to restrict it to 6 months. I've lost count of the number I've challenged and won on backdating because they try to artificially restrict it. Some cases do however require a tribunal if the council dig in.
    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.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Barney683 wrote: »
    Hi.

    I have been a sole occupier for 15 years but have not been receiving the sole occupier council tax discount.

    Are the council obliged to refund the over-payment?


    Thanks


    Legally there's no direct restriction on how far back backdating can happen however it's almost certain you'll face a fight under the limitation act.



    The first 6 years back should be relatively uncomplicated (assuming it can be evidenced) but trying more than 6 years can be a fight - I've had to draft quite a few tribunal cases and some you win, some you lose.


    If a discount is awarded then the excess council tax will be refunded.
    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.
  • es5595
    es5595 Posts: 380 Forumite
    First Anniversary Name Dropper First Post
    The council go chasing tax that far back, so yes they should honour any request, although you should provide as much evidence as possible, especially that there are no other adults who could be considered as having their “sole or main residence” at the address.

    http://info.valuation-tribunals.gov.uk/Decision_query.asp?Mode=1&Decision=liability

    Search under CTL7 to see previous decisions and reasoning.
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