Contributions in lieu

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #20523
    Anonymous
    Guest

    We are having difficulty with the following case.

    Mr X has a house in our area but stays outwith area in an army house and barracks. He pays a contribution in lieu to the army for Council Tax and is wants us to grant 50% discount on his house in our area.

    He is adamant that other Council’s do this as a matter of course.

    Can you confirm what your Council does?

    Thanks

    #3133
    janish
    Participant

    I would say it depends on where you consider his sole or main residence to be. If you decide it is the house in you area there is no discount, what he pays to the army doesn’t come into it.

    #3134
    Anonymous
    Guest

    Try “Doncaster MBC -v- Stark & Stark”.

    In this case the high court overturned a valuation tribunal and held that an RAF officer’s main residence was not an RAF base but his own, owned, home where he had greater security of tenure and would live if he was not in the RAF.

    Hope this helps (sorry I do not have a copy of this decision!)

    #3135
    Anonymous
    Guest

    Great – Thanks for your replies.

    #3136
    Anonymous
    Guest

    I have a copy of this, but it has been superseded to an extent by a Court of Appeal Judgement Williams v Horsham District Council CA 21 January 2004.

    You must take all the circumstances into account when deciding where the sole or main residence is/

    In Stark, Coproral Stark’s wife remained in the property she owned along with him, but the present case could be distinguised (as did Williams) on the facts.

    Williams is available at:

    http://www.bailii.org/ew/cases/EWCA/Civ/2004/39.html

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.