Council tax liability

[Jules67]

Hi, any help much appreciated. My son was living with his girlfriend until April this year when he returned home. He has just received a demand to pay council tax for April 17 to march 18. Is he liable to pay council tax on a property he doesn't live in (his ex partner still lives in the property on her own) or does the liability move solely to his ex as she still lives there? I understand he would have to pay for April 17 when he lived there but surely not now he has left. The lease is in both their names and expires on 30th November 2017. He informed the council he left on 23rd April.

[lgfa92]

Re: Council tax liability

He cannot be liable on a property he is no longer resident in if another person is still resident. If the property was to become unoccupied during the period of the tenancy the position would be more complicated.

The council need to be satisifed that his 'sole or main residence' has changed and he has no 'intention to return' to the property. It needs to be made to clear to the council tax this is the case and that his ex-partner is still resident. This sort of query is quite common with councils and I see clients similar issues relatively regular.

[Jules67]

Re: Council tax liability

Thank you so much for your help. He has told the council he moved back home on 23 April 2017, what sort of proof would he need to provide for them to be satisfied? He changed his residence on the electrol role immediately, his bank was changed too, he redirected his mail and he's enrolled at college locally starting in september, would these be sufficient do you think? Thank you again

[lgfa92]

Re: Council tax liability

The general indicator used is 'what a reasonable onlooker would say' - he's certainly done most of what he can to move residence and I would (and have) taken similar as proof of moving residence on many occasions. He needs to provide as much evidence as he can to the council.

Ultimately the council will make the decision and it would have to be disputed if disagreed with.

[Jules67]

Re: Council tax liability

Thanks again for your advice and support