Council Tax - SPD dispute

[AuBizzle]

Hi there, this is my first post so apologies if this dilemma is elsewhere. I did do a search first but couldn't find anything similar.

 

I received a single person discount declaration form asking to update/verify my circumstances. This spd has been in effect since 2014.

 

The house in question was bought be myself and my partner, and was a complete refurb. We was exempt from paying any council tax for the first 28 days and after that was moved onto a spd even though nobody was living in the property (due to the heavy renovation being done); This took around 12 months to complete.

 

As stated earlier I had registered for the spd. Once the work was completed my partner moved into the house but I remained at my mothers house (due to the fact that we are not married). Although the spd and council tax had remained in my name.

 

I called the council to explain the situation and they're now saying the following:

 

- we are liable to pay full council tax from 2014 - 2015 as the spd is on the basis that someone living in the property (even though it was empty)

 

- we are liable to pay full council tax from 2015 - 2017 based on the fact that my partner was living there alone and the council tax was in my name

 

If anyone could advise what I should do I'd be greatly appreciative

 

Thanks you in advance

[AuBizzle]

Thanks for the reply. My partner called them and thats how they discovered that nobody was living there between 2014 - 2015. Is it most likely that the call was being recorded? I know they asked him for a reference number

 

I have always been named on the bill at my mothers. I never notified the council until now because of the SPD form.

 

I have all my post going to my mothers and my partner has his post going to the address in dispute.

 

I wasn't aware of the Local Government Ombudsman, I will give them a call tomorrow. Im hoping I can receive some advice here first

[AuBizzle]

I just spoke to the ombudsman and they said its not something they can take on, and they suggested valuation tribunal as you did...I get the feeling that this whole mess is going to cost me grands

[ss002d6252]

I just spoke to the ombudsman and they said its not something they can take on, and they suggested valuation tribunal as you did...I get the feeling that this whole mess is going to cost me grands

The process is free unless you wish to take on some external assistance that you pay for - other than that the only cost is your time.

 

What doesn't go in your favour is that you registered for a single person discount knowing that no-one was resident - most councils won't but there an increasing number are pursuing people for claiming discounts fraudulently and taking action against them.

 

- we are liable to pay full council tax from 2014 - 2015 as the spd is on the basis that someone living in the property (even though it was empty)

That would be correct - the local authority probably offers a 0% reduction for the period in question on an unoccupied property.

 

- we are liable to pay full council tax from 2015 - 2017 based on the fact that my partner was living there alone and the council tax was in my name

Because you've told them you were liable and then you're saying only your partner was resident but at present have given no proof you were resident elsewhere - It appears the root cause is the lack of information being passed to the council so they have had to try and sort the liability based on what information they have.

 

Thanks for the reply. My partner called them and thats how they discovered that nobody was living there between 2014 - 2015. Is it most likely that the call was being recorded? I know they asked him for a reference number

Highly likely these days.

 

Certainly try the valuation tribunal but you're going to have to provide sufficient evidence that you were resident elsewhere to the tribunal and due to the incorrect information being given previously the benefit of any doubt will tend to go in the council's favour rather than yours.

 

Craig

[AuBizzle]

Thanks alreadyexists and ss002d6252. Do you think I should hang on and wait to see what the council will do? As it stands the information for the 2014-2015 period was only mentioned from my partner and thinking back to that period he exaggerated the refurb period. He would of been staying a few nights especially on the weekends as he was doing all the work!

 

I can easily supply information to the council by electoral role, car insurance and bank statements, work letters that prove where my residence was/is; As can my partner.

 

Or maybe I should call the council myself and find out what the situation is?

 

I know Im trying to second guess here which is a massive stress

[ericsbrother]

they will undoubtedly take the line that they are entitled to do their worst when a property is empty after a qualifying period and that can mean charging you more than the normal CT amount if they wish ( second home money grab). The fact you partner was there some of the time and on his own is irrelevant as your declaration was different to this. Likewise living with mum makes your home a second home in their mind because by making that assumption they get more money for nothing!

[ss002d6252]

Thanks alreadyexists and ss002d6252. Do you think I should hang on and wait to see what the council will do? As it stands the information for the 2014-2015 period was only mentioned from my partner and thinking back to that period he exaggerated the refurb period. He would of been staying a few nights especially on the weekends as he was doing all the work!

 

I can easily supply information to the council by electoral role, car insurance and bank statements, work letters that prove where my residence was/is; As can my partner.

 

Or maybe I should call the council myself and find out what the situation is?

 

I know Im trying to second guess here which is a massive stress

 

I would say to ring them and try to ascertain the full situation as it stands at the moment as far as they are aware. I always say to establish exactly what the council's view of the situation, is what they're doing now and what they plan to do. That way the full position can be established and a plan made as to what to do next.

 

Craig