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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
Experience:  Over 5 years in practice
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Me and my wife live in a one bed apartment. Born on the 7th

Customer Question

Me and my wife live in a one bed apartment.
Born on the 7th of August 1937 and
wife born on 26th January 1939.
Do we still have to pay council tax.
The flat is rented but owned by a company, where
I am a part shareholder and a director.
Kind regards
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Do you have a tenancy agreement?
Customer: replied 4 years ago.

No

I have been living in this flat since 1938

Expert:  Jo C. replied 4 years ago.
OK.
Is there any reason you think you should not?
Customer: replied 4 years ago.

No reason - except that I am also a shareholder and a director in this family company

Customer: replied 4 years ago.

And please - I do not intend to be a meber at present, this may be my first and last payment.

Expert:  Jo C. replied 4 years ago.
There is a hierarchy of liable persons in relation to council tax.
The owner occupier is at the very top. That does not apply here.
The Council will next turn to the owner. That may be a company and they may accept the company is liable.
The practical reality though is that since you are a shareholder in the company they will probably take the view that you are liable as the tenant.
The truth is that you can register the company as the liable person perfectly ethically and as long as council tax is being paid probably the council won't care.
As soon as arrears develop though they will argue that you are liable I'm afraid.
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

I have been paying my council tax every year.

Now I am over 75 years and do I still have to continue paying or is there an alternative.

Regards

Customer: replied 4 years ago.

If this is a trail offer, then please CANCEL my membership.

Kind regaerds

Expert:  Jo C. replied 4 years ago.
Opting out because you have asked for a refund