Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • moomoo4444
    • By moomoo4444 5th Feb 18, 8:51 PM
    • 65Posts
    • 39Thanks
    moomoo4444
    Second home council tax
    • #1
    • 5th Feb 18, 8:51 PM
    Second home council tax 5th Feb 18 at 8:51 PM
    So I rent in London due to my job ,I have bought a house ,where I grew up .My family still live in the very same village yet I am being told that this is not my primary address and will have to pay in total 150% on my council tax ?
    I am back home at least once a month , maybe for the weekend or for a couple of weeks .
    It!!!8217;s the only house I own and have always paid council tax for the last 5 years ,can the council tell me where my primary address is ?
    Last edited by moomoo4444; 06-02-2018 at 9:02 PM. Reason: Spelling
Page 1
    • CIS
    • By CIS 5th Feb 18, 9:21 PM
    • 10,406 Posts
    • 6,013 Thanks
    CIS
    • #2
    • 5th Feb 18, 9:21 PM
    • #2
    • 5th Feb 18, 9:21 PM
    It!!!8217;s the only house I own and have always paid council tax for the last 5 years ,can the council tell me where my primary address is ?
    Not specifically but it's got to be done whilst looking at the specifics of the situation for council tax purposes. The exact position depends on a multitude of things.
    I no longer work in Council Tax Recovery but instead as a self employed consultant. My views are my own reading of the law and you should always check with the local authority in question.
    • 00ec25
    • By 00ec25 5th Feb 18, 10:15 PM
    • 6,260 Posts
    • 5,783 Thanks
    00ec25
    • #3
    • 5th Feb 18, 10:15 PM
    • #3
    • 5th Feb 18, 10:15 PM
    So I rent in London due to my job ,I have brought a house ,where I grew up .
    Originally posted by moomoo4444
    I have sentimental attachments to my childhood home but bringing it with me when moving around the UK would be quite an achievement. I assume you meant bought, as in purchased, rather than the past tense of "to bring"?

    I am being told that this is not my primary address and will have to pay in total 150% on my council tax ?
    Originally posted by moomoo4444
    you have misheard. The 150% CT rate would apply only if the property was sitting unfurnished and unoccupied and had been like that for at least 2 years
    https://www.gov.uk/council-tax/second-homes-and-empty-properties

    you need to show you have a second home, you do not have an empty property. In this day and age it is likely that you will not get a discount for having a second home, but nor will you pay more than 100% CT . You spend a day a month up there so patently the property must be furnished to allow you to live in it and you certainly do occupy it for that time so it is not empty. therefore it easily fails any attempt at levying the 150% empty property rate

    I am back home at least once a month , maybe for the weekend or for a couple of weeks .
    It!!!8217;s the only house I own and have always paid council tax for the last 5 years ,can the council tell me where my primary address is ?
    Originally posted by moomoo4444
    ownership is irrelevant. You "live" in 2 places, London and up north.
    Unless you are eligible to claim single person discount it is largely irrelevant which of the 2 properties is classed as your "main" home since it is rather unlikely given council finances that any council still offers a discount on "second" homes. You are much more likely to have a 100% charge on each property. You will not have a 150% charge on one of them though.

    if you do wish to claim single person discount you are more likely to have a battle to show that up north is your main residence given your split of time. Not impossible, but will be a battle since there is little on paper to show why it remains your main home, other than sentiment.
    Last edited by 00ec25; 05-02-2018 at 10:20 PM.
    • PasturesNew
    • By PasturesNew 5th Feb 18, 10:19 PM
    • 62,178 Posts
    • 363,934 Thanks
    PasturesNew
    • #4
    • 5th Feb 18, 10:19 PM
    • #4
    • 5th Feb 18, 10:19 PM
    The only way round it would be to give up your work-address and go into an "all bills included" house share..... and return to your proper house every weekend to get away from the numb-nutz you're having to share with who are driving you mental
    • AdrianC
    • By AdrianC 5th Feb 18, 10:48 PM
    • 17,188 Posts
    • 15,496 Thanks
    AdrianC
    • #5
    • 5th Feb 18, 10:48 PM
    • #5
    • 5th Feb 18, 10:48 PM
    you have misheard. The 150% CT rate would apply only if the property was sitting unfurnished and unoccupied and had been like that for at least 2 years
    Originally posted by 00ec25
    I wonder if the key is "in total 150%"? Single occupation in each, so 75% of the London CT, and 75% of the CT for the other property.
    • 00ec25
    • By 00ec25 5th Feb 18, 10:59 PM
    • 6,260 Posts
    • 5,783 Thanks
    00ec25
    • #6
    • 5th Feb 18, 10:59 PM
    • #6
    • 5th Feb 18, 10:59 PM
    I wonder if the key is "in total 150%"? Single occupation in each, so 75% of the London CT, and 75% of the CT for the other property.
    Originally posted by AdrianC
    I see now I missed that, however, if OP thinks that then he'll be living in a third home cuz he'll be at Her Majesty's pleasure in jail for CT fraud.

    175% yes, possible, but 150% no way. SPD is claimable once, and once only, since it relates to where you live, not how many in total you own and/or occupy.
    • CIS
    • By CIS 6th Feb 18, 10:15 AM
    • 10,406 Posts
    • 6,013 Thanks
    CIS
    • #7
    • 6th Feb 18, 10:15 AM
    • #7
    • 6th Feb 18, 10:15 AM
    Yep, needs more clarification as there's several ways that 150% can be calculated - some of which could be right and some could be wrong. The diagnosis can only be found when the symptoms are known in full.
    I no longer work in Council Tax Recovery but instead as a self employed consultant. My views are my own reading of the law and you should always check with the local authority in question.
    • moomoo4444
    • By moomoo4444 6th Feb 18, 9:08 PM
    • 65 Posts
    • 39 Thanks
    moomoo4444
    • #8
    • 6th Feb 18, 9:08 PM
    • #8
    • 6th Feb 18, 9:08 PM
    Council still saying they will decide ,have asked to see where my car etc is registered .I have rented for 11 years so already paying 100% council tax on both properties .All my stuff is registered down here .
    Just seems really wrong ,I get that due to local needs etc but as I say I am a local and my sister even lives opposite ..
    I have Sky ,telephone,broadband and heating bills to prove it that The house is used ....grrrr just wrong on so many levels
    I will retire there ,in about 5 years as my job cannot be done up north without travelling 148 miles to the nearest department .
    I will however appeal it
    • CIS
    • By CIS 6th Feb 18, 9:37 PM
    • 10,406 Posts
    • 6,013 Thanks
    CIS
    • #9
    • 6th Feb 18, 9:37 PM
    • #9
    • 6th Feb 18, 9:37 PM
    Council still saying they will decide ,have asked to see where my car etc is registered .I have rented for 11 years so already paying 100% council tax on both properties .All my stuff is registered down here .
    Just seems really wrong ,I get that due to local needs etc but as I say I am a local and my sister even lives opposite ..
    I have Sky ,telephone,broadband and heating bills to prove it that The house is used ....grrrr just wrong on so many levels
    I will retire there ,in about 5 years as my job cannot be done up north without travelling 148 miles to the nearest department .
    I will however appeal it
    Originally posted by moomoo4444
    Are you the 'sole resident' at your 'home property' ?

    'Sole or main residence' can certainly be argued at appeal, I've seen plenty of cases over the years. As they said in one of the primary cases on the matter;

    The qualification “sole or main” addresses the fact that a person may reside in more than one place. We think that it is probably impossible to produce a definition of “main residence” that will provide the appropriate test in all circumstances. Usually, however, a person’s main residence will be the dwelling that a reasonable onlooker, with knowledge of the material facts, would regard as that person’s home at the material time. That test may not always be an easy one to apply, but we have no doubt as to the conclusion to which it leads in the present case.
    There are other aspects which also need to be considered under council tax case law but the quote from Williams is a good one. A good appeal is a case of knowing which cases to quote to help you along and hoping the wind is blowing the right direction on the day.
    Last edited by CIS; 06-02-2018 at 9:42 PM.
    I no longer work in Council Tax Recovery but instead as a self employed consultant. My views are my own reading of the law and you should always check with the local authority in question.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

94Posts Today

1,501Users online

Martin's Twitter
  • RT @mmhpi: Third time lucky? After being delayed twice, tomorrow MPs are due to debate our #RecoverySpace proposals in parliament. @helen_u?

  • Just a quick note. I've been overwhelmed by the strength of support by my campaign to stop facebook fake ads today? https://t.co/KexhjVVznY

  • RT @mmhpi: On the eve of tomorrow's #RecoverySpace debate in parliament, we just delivered our 10,000 letters to the Chancellor. People in?

  • Follow Martin