Good morning all,
I have a case whereby two the occupants of a property are requesting that they be made joint liable for Council Tax. A previous investigation of this case (living together as husband an wife) found in favor of the customer and were deemed not to be living together as husband and wife and that they were tenant and landlord.
The landlord was made liable, with a deduction for his tenant as she is in receipt of diability payments. The deduction being made was a banding reduction – the property is a Band B but he is being charged at Band A rate.
They are requesting to be joint liable as the tenant is in receipt of full Housing Benefit, and therefore with half Council Tax Liability, she would be in full receipt of Council Tax Benefit. This would leave just 50% to pay by the landlord, instead of the current deduction.
My understanding is as follows but just wanted clarification and confirmation as to whether this is correct, as we have had many issues with this case and need to ensure our respons is factual: –
They cant be made J&S. To be J&S under section 7 LGFA 1992 they have to fall into the following categories:
a. They must have the same legal interest i.e joint owners/tenants
b. Residents married/living together as man and wife
c. Joint residents living together in Civil Partnership
d. Joint residents/owners in respect of caravn pitches/moorings
e. Owners by Prescription
In the hierarchy of liability section 6(2) he is liable as resident with freehold interest. She would be further down in the hierarchy as either tenant or occupant.
Basically Cherilyn they dont have the same legal interest in the property and they dont live together as a couple so they cant legally be J&S. They mentioned about property share. Well they can be J&S if they have the same legal interest i.e joint tenants or just joint occupants with no legal interest providing it is the SAME legal interest which in this case it clearly isnt
Any help / comments will be greatly appreciated
Claire
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