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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Liability for council tax - living together or not?


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I thank you in advance for any advice. I can't seem to find any info dealing with this. CAB are about as useful as a wax cooker.

 

I will leave out place names - so i can't be identified.

 

I am a full time student in X council. I rent a flat as somewhere to sleep on the days I have lectures. I also have a home in Y council. I am married. The X council asked me to tell them who is resident at my flat in X council. I said, I am married, my wife will visit me, what does 'resident' mean? how many days can my wife stay before being classed as resident? They didn't answer and just decided that my wife is therefore resident. They promptly sent a bill giving me the 25% discount for being a student but said my wife must pay because they assume my wife must be resident.

 

My wife is unemployed, although, we pay council tax in Y council, as we are too lazy to claim for council tax credit. But, paying in 2 councils was a bit much, so we assumed that if the council charges council tax for my wife in council X, then it can also give council tax credit. The council tax credit was refused because my wife couldn't prove she is resident at the flat in X council. Well Duh! we told the council she isn't - they said they assume she is.

 

So, now they say, that 'oooo your wife is most definitely resident because she said she was, in this application for council tax credit' - ignoring of course that it was refused on the grounds she cannot prove she is resident!

 

Basically, apologies for the long post. But what is the legal basis for this? can the council charge me council tax purely because i am married? they have said i need to prove that my wife is not resident here. but i am not really sure how to do that. (they won't provide a definition of what residence means)

 

i understand that as the leaseholder i need to pay council tax (but of course i am a full-time student so am entitled to pay no council tax)

 

who is in the right here? do i really have to pay council tax for myself and my wife in both councils? seems a bit harsh. they talk about the 'main address' and the flat is neither mine nor my wife's main address in many respects. our belongings are at our main address in Y council, our bank statements go there, we do everything there. the flat is purely a crash pad for a few weeks during term time.

 

any idea how to approach the council. i feel a bit insain repeating the same thing to them and getting the same moronic response.

 

 

 

thanks again!

 

if i just ignore the council tax letters what will they do? will i get taken to court? how will a court view what i have written here?

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  • 2 months later...

Hi, hope I can help you a bit. You will usually pay Council Tax on the property which is your & your wife's "sole or main residence", theres no exact definition but previous court cases have given general guidance things which should be taken account include where you spend most of your time, security of tenure, intention to return, where your registered to vote, where your doctor is, where your mail goes, etc. Which from what you've said is at the property in Council Y, where you should have a 25% discount as a student.

 

The property in Council X would then be your second home. I'm not completely certain by you should get the 'Class N' student household exemption at the property, if not then a discount between 50% to 0% depending on the council for furnished second homes.

 

If you ignore their letters they will assume your not contesting the liability and expect you to pay. You'll only get taken to court if you fail to pay the instalments.

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  • 8 months later...

Be careful because what the council will do is think you are both resident at your main address in council Y and charge you upto 100% for an empty property in council X. You'll end up paying in full twice.

 

Bonkers I know - basically means every student in the land doesn't actually live at their student address (because it arguably isn't permanent enough), should claim their student discount at their parents' address and pay upto 100% for an empty property where their university is.

 

Would be interesting to read what happened?

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Based upon the information, you have supplied, it appears that: -

 

  1. Y is the main residence for both you and your wife
  2. You would be entitled to 25% discount on Y assuming no other adults resident
  3. You or your wife may be entitled to Council Tax Benefit for Y as a couple - depending upon your income
  4. X is a second home
  5. You would be entitled to second home discount on X - the amount of discount for second homes varies from Council to Council - and can range between 0% and 50%
  6. You would not be eligible for Council Tax Benefit for X

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just realised this thread is nearly 12 months old - god knows why it has been resurrected

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