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Council Tax single occupier discount?
I have received a letter today from the council saying that they have received an anonymous tip off that I have two other people living in my house and I should therefore no longer qualify for single occupier discount.
I do not have anyone else living with me but do have a girlfriend who stays over once or twice a week. She is registered as living elsewhere - which she does
What are the rules on this ? How much time is she allowed to be here before she can be classed as a resident ? I have looked on the councils website but cannot find any information
8 Answers
- ?Lv 510 years agoFavorite Answer
Hi, sorry but it looks like some jealous busy-body reported you to your local council. The UK govt relies on Staasi style 'snoops' to feed them unfortunately. The 25% discount (whoopi) depends on you being the main single resident. It 'does' allow you overnight 'occasional' stayers, but the act seems to be a bit sketchy as to what is classed as 'living there' or just visiting.
Perhaps this link may help, but I couldn't really find the answer you might need to give them, sorry.
http://www.direct.gov.uk/en/HomeAndCommunity/Yourl...
I would just contest it and say you should be allowed your gf to visit twice a week. Twice a week is NOT living their in my opinion, but to those loser jobsworths in the council offices, they may look on it as cohabiting. I hope you win this case, good luck with it.
- Anonymous10 years ago
If your girlfriend only stops over occassionally she is not resident. S6 of the Local Government Finance Act 1992 states:
"resident”, in relation to any dwelling, means an individual who has attained the age of 18 years and has his sole or main residence in the dwelling.
A person's residence has to take on its normal everyday meaning. A residence is therefore the dwelling in which that person habitually lives: in other words, his or her home. There has to be a degree of permanence, otherwise, in contrast, every couple would be able to claim a single discount for any day their partner was away.
If your girlfriend has her home elsewhere - where she is on the voters role, where her mail is sent, and where she pays bills - then she will not have a residence with you. Even if she has 2 residences, the council would have to show that 2 nights with you made that her main residence.
You need to respond to the Council's letter. All you need to say is that you are the only resident and that the information they have is incorrect. They cannot rely on an anonymous tip off to change your status because is is unsubstantiated and does not qualify as evidence.
Source(s): s6(5) and s11(1) are the bits of interest http://www.legislation.gov.uk/ukpga/1992/14/sectio... - tiggeriffic1981Lv 510 years ago
You need to speak to the council straight away and tell them very clearly that your girlfriend occasionally stays overnight but does not live with you. If they don't believe you demand that they investigate. Give them your girlfriend's deatils (name and address) so they can verify that she pays council tax at her own home.
I heard that it is a maximum of three days a week but that isn't to be on a regular basis. It's a grey area to be honest. The council are a law unto themselves and can set almost any rules they want. Just make sure that she doesn't have ANY belongings at yours in case they decide to do a home visit.
- 10 years ago
I presume your girlfriend pays council tax on her own address? Even if she also gets a single occupier discount at her address, the council are still getting more money out of the two of you living seperately as the single person discount is just 25% (so you are each paying 75% of the full tax at your seperate addresses). But nonetheless they could still make life difficult if you aren't technically 'playing by their rules' - if you can't locate the info. on the Direct.gov website, try contacing your local CAB.
Good luck
Source(s): http://www.citizensadvice.org.uk/ - How do you think about the answers? You can sign in to vote the answer.
- !Lv 710 years ago
There are no hard and fast rules. Write to the council and explain the true position. If your girlfriend pays council tax on her own property, say so and give the address of her property.
- ?Lv 710 years ago
I think you are still a single occupier but talk to the council - they know their rules.
- trish bLv 710 years ago
Write to your council telling them that it's only your girlfriend (give name) who stays occasionally overnight. Also give them your girlfriend's address so they can cross check her council tax payments. You shouldn't have any trouble sorting it out...............
- ?Lv 510 years ago
Not quite sure bt I think its whether she stays on consecutive nights,go to your Council & ask about your right to appeal...Looks like you've upset someone & they don't like to see you getting on (b*****ds) Hope you're successful mate