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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a 2nd home reasons as my main home is

Resolved Question:

I have a 2nd home for employment reasons as my main home is 90miles from where I work
I stay at my 2nd home 4nights a week so that I can commute to work
the government state "where it is necessary for the proper performance of the duties of the employment that the employee should reside in that property"
Therefore I believe I should qualify for a 50% discount on my council tax for that 2nd property
Please advise
Regards *****
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify whether your second home is provided to you by your employer or whether it belongs to you - i.e. you purchased or rented it yourself?

Customer:

I own the property

Joshua :

Many thanks. The legislation provides for a 50% discount on second home is three circumstances as follows:
(a) where it is necessary for the proper performance of the duties of the employment that the employee should reside in that dwelling;
(b) where the dwelling is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is
customary for employers to provide dwellings to employees;
(c) where, there being a special threat to the employee’s security, special security arrangements are in force and the employee resides in the dwelling as part of those
arrangements.

Joshua :

The key to achieveing the discount is that you must show that living in that accomodation is necessary for you to carry out the functions of your job. It is up to the local authority to decide whether to award the discount based upon the circumstances you present to them in the first instance (there is a right of appeal if you are unsatisfied with their decision). It will not normally be awarded where you have chosen to live in the property where it is not an essential to your job - i.e. due ease a commute.

Joshua :

If you can show that the character of your job requires you to live in the second home - for example a caretaker or pub landlord are obvious categories that the fill this criteria - a claim can succeed

Joshua :

Local authorities will however also resist claims where a job posting is long term and the applicant has chosen to retain their original home.

Joshua :

If you believe you can show your circumstances fit into one of the three above categories, it is well worth making an application as there is little to be lost in doing so. it is worth also bearing in mind that local authorities are relatively resistant to such applications due to the stringent financial circumstances most local authorities presently find themselves in and accordingly if you believe the decision is not correct bearing in mind the above, there is right of appeal

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

Thanks Joshua,i will work on these guidelines

Customer:

Regards Derek

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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