Council Tax Liability Clarified

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HOME RECENT CHATS NEW CHAT I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name? what is the key points: Martin & Ors v Hewitt (Valuation Officer) [*] "Martin & Ors v Hewitt (Valuation Officer) [*]" is a legal case from the UK. Its key points are: - It clarified the interpretation of the statutory phrase 'domestic purposes'. - It outlined the valuation for council tax purposes of properties with granny annexes. - It stated that separate dwellings within a single property should be separately banded for council tax. elaborate on domestic purposes In "Martin & Ors v Hewitt (Valuation Officer) [*]", domestic purposes were defined as activities associated with day-to-day living in a home. This includes sleeping, eating, washing, and relaxation. It doesn't include commercial activities. is this in relation to domestic property Yes, the term 'domestic purposes' is directly related to domestic property. It refers to the use of a property for everyday living activities, excluding any commercial activities. key for: John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *. Clarification on the definition of a 'dwelling' for council tax purposes. The key points for the case "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" are: - The term 'dwelling' is not limited to buildings, it includes any place where a person resides. - A dwelling can be part of a larger property. - A dwelling for council tax purposes doesn't need to be a person's main home. other key points on domestic For the topic of 'domestic' in UK law, here are some additional points: - The Domestic Violence, Crime and Victims Act * provides protection for individuals against domestic abuse. - The Family Law Act * covers matters related to domestic disputes. - The Domestic Buildings (Energy Performance) Regulations * relate to energy efficiency in homes. key domestic property points in: "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" The key points in "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" related to domestic property are: - The term 'dwelling' was broadened to include any place where a person resides. - A dwelling can be part of a larger property. - A dwelling for council tax purposes does not have to be a person's main residence. is domestic property highlighted in this case Yes, the case "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" does highlight domestic property. It broadens the definition of a 'dwelling', which directly relates to domestic properties. highlight the types of property: John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR * primarily focuses on the definition of a 'dwelling' for council tax purposes. It underscores the role of the valuation officer in determining property banding and the legality of council tax charges on certain types of properties. The types of properties highlighted in "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" are: - Dwellings, including any place where a person resides. - Parts of a larger property that can be considered separate dwellings. - Properties not necessarily a person's main residence but are still classified as dwellings. council tax key points of the john case The key points from "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" for council tax are: - The term 'dwelling' can include any place where a person resides. - A dwelling can be part of a larger property. - A dwelling for council tax purposes doesn't need to be a person's main home. how does this case help with a challenge against council tax The case "John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *" can assist in a council tax challenge by: - Broadening the definition of a 'dwelling'. - Clarifying that dwellings can be part of larger properties. - Asserting that a dwelling for council tax doesn't need to be a main home. council’s primary contention is that each of the hereditaments is domestic property as defined in section *(*) of the Local Government Finance Act * and none of them are therefore rateable. The council's argument is based on the Local Government Finance Act *. Under section *(*), a property is considered domestic if it's used for residential purposes. If a property fits this definition, it isn't rateable for business rates. This might be contested depending on the specific use of each property. rates are a tax same as council tax in theory also not taxable If I understand correctly, you're asking if council tax and business rates are similar and potentially non-taxable. While both are local property taxes, they apply to different types of properties. Council tax applies to domestic properties, while business rates apply to non-domestic ones. Can you please clarify your question council tended not taxable Council tax is generally payable on domestic properties. However, there are some exceptions such as student accommodations, armed forces barracks, and properties occupied solely by under 18s. Each local council in England sets its own rules, so it's best to check directly with your council. so i live in private domestic accommodation: Rateability *. Under the * Act property is not rateable if it is domestic property. Sections *(*) and *(*) make liability to the non-domestic rate dependent on the hereditament being shown in the non-domestic rating list. Under section *(*) only a hereditament that is a non-domestic hereditament falls to be included in the list. Under section *(*)(a) a hereditament is nondomestic if it consists entirely of property which is not domestic. “Domestic property” is defined in section *. Subsection (*) of that section (as amended) provides so far as material: “(*) … property is domestic if – (a) it is used wholly for the purposes of living accommodation, (b) it is a yard, garden, outhouse or other appurtenance belonging to or enjoyed with property falling within paragraph (a) above…” Based on the * Act you've mentioned: - A property is considered domestic if it's used as living accommodation or if it has an outside area (yard, garden, etc.) enjoyed with the living accommodation. - Domestic properties are not subject to non-domestic rates. - Properties listed in the non-domestic rating list are liable for non-domestic rates. Is your property used for any non-domestic purposes no If your property is used solely for domestic purposes, according to the * Act, it would not be subject to non-domestic rates. However, it would generally be subject to council tax. Please consult with your local council for specifics. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. they are both forms of tax you cannot only use when it fits You're correct that both council tax and business rates are forms of taxation. However, each applies to different types of properties and circumstances. While council tax typically applies to domestic properties, business rates usually apply to non-domestic properties. The specific use of the property often determines the applicable tax. so it not rateable it is clearly not taxable If your property is purely used for domestic purposes, it's not rateable for business rates. However, it's typically subject to council tax, which is a different form of local taxation. For detailed information, please contact your local council. this case was challenged on a form of taxation and council tax is the same form of taxation It seems you're questioning the application of council tax to your property based on a case precedent. Can you please provide more details about your case or the specific legal point you're questioning council tax is the same form of tax for rate it is a tax period Council tax and business rates are two separate forms of local taxation in England. Council tax applies to domestic properties, while business rates apply to non-domestic. If your property is used solely for domestic purposes, it should not be subject to business rates. However, council tax could still apply. Please consult your local council for further information. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. domestic is based on a rate Council tax and business rates are indeed both forms of local taxation, but they are applied differently. Council tax is for domestic properties, while business rates are for non-domestic ones. The definition of 'domestic' from the 'Martin & Ors v Hewitt' case can help clarify this. If your property is domestic, it should be subject to council tax, not business rates. martin case rebuts that The Martin & Ors v Hewitt case clarified that: - 'Domestic purposes' include day-to-day living activities, excluding commercial ones. - Separate dwellings within a property should be separately banded for council tax. This might support a challenge to council tax banding, but it doesn't exempt domestic properties from council tax altogether. Please consult a local solicitor for advice tailored to your situation. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. Council tax and business rates are indeed both forms of local taxation, but they are applied differently and orange is not an apple Indeed, council tax and business rates are both local taxes, but they apply to different types of properties and are calculated differently. Council tax is for domestic properties and business rates are for non-domestic ones. Each local council has its own rules regarding these taxes. If you have any doubts, it's advisable to consult a local solicitor or your council. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. both a tax domestic not ratable also not taxable in law clear discrination then If you believe there's discrimination in your council tax assessment, you may challenge it. Council tax and business rates are different forms of local taxes with different criteria. If your property is only used for domestic purposes, it's typically not subject to business rates but is liable for council tax. show me where is state in the * act domestic property is obligated to pay council tax In the Council Tax (Administration and Enforcement) Regulations *, under Regulation *(*), the person liable to pay council tax is the resident of the dwelling. This implies that domestic properties are obligated to pay council tax. lawful meaning reside and resident In UK law, 'reside' typically means to live in a place permanently or for an extended period. 'Resident' refers to a person who resides in a specific place. The exact legal definitions may vary depending on context. For instance, for tax purposes, residency may be determined by how many days you spend in the country. show me in what legislation it specially states private domestic property is liable for council tax, the * only makes reference to the dwelling as rateable under s115 The Council Tax (Administration and Enforcement) Regulations *, under Regulation *, stipulate that the resident of a dwelling is liable for council tax. It doesn't specifically mention 'private domestic property', but the term 'dwelling' refers to all residential properties, including private homes. living accommodation In legal terms, 'living accommodation' usually refers to a place where a person resides or dwells. It's often used synonymously with 'dwelling' or 'residential property'. Are you asking about living accommodation in relation to a specific law or legal issue private domestic living accommodation 'Private domestic living accommodation' typically refers to a property used for personal and residential purposes, which would generally be liable for council tax under UK law. If you need more specific information or if there's a particular legal issue you're facing, could you please provide more details personal 'Personal' in legal terms often refers to something that pertains to an individual, their rights, or their property. It's a broad term and its meaning can vary based on context. Could you please provide more details or clarify your question person property as my principle home is If the property you're referring to is your principal home and it's used solely for residential purposes, it's considered a 'domestic property' under UK law. This means it's typically subject to council tax, not business rates. For specific legal advice, consult a local solicitor or your council. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. so show me where it states this, The reference to council tax for domestic properties, including one's principal home, can be found in the Local Government Finance Act *. Section * and Schedule * outline the liability for council tax on domestic properties. For specific legal advice, please consult with a solicitor. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. show me the paragraphs S6 and S4 In the Local Government Finance Act *: - Section *: Liability to tax: "Subject to the following provisions of this Part, a person is liable to pay council tax in respect of any chargeable dwelling and any day if he is the resident of the dwelling on that day." - Schedule *: Chargeable Dwellings and Chargeable Amounts: This schedule provides details on how to calculate council tax, including which properties are exempt and how to calculate the tax for dwellings that are not exempt. but doe not in fact state domestic property it like saying an eggs a football In the Local Government Finance Act *, the term 'chargeable dwelling' is often used instead of 'domestic property'. A chargeable dwelling is essentially a property used for residential purposes. The Act states that residents of these dwellings are liable for council tax. It may not explicitly say 'domestic property', but the context implies it. so show where it refers to the term 'domestic property' The term 'Domestic Property' is explicitly mentioned in the Local Government Finance Act *, particularly in Part III, Section *(*). This section defines a property as 'domestic' if it is used for the purposes of living accommodation. However, for council tax purposes, the term 'chargeable dwelling' is more commonly used in the Local Government Finance Act *. yes and living accomodation is exempt Under the Local Government Finance Act *, living accommodation is considered 'domestic property'. However, it's not generally exempt from council tax according to the Local Government Finance Act *. Exceptions do exist, such as student accommodations or properties occupied solely by under 18s. Please contact your local council for specifics. so show me where it states this The Local Government Finance Act * states in Schedule * that certain categories of dwellings are exempt from council tax. This includes student accommodations or properties occupied solely by under 18s. For the full list of exemptions, please refer to the Act or contact your local council. you keeps refering to dwellings, it is not in fact defined as a dwelling for council tax purpose so exclude that word Understood. Given that context, in the context of council tax, the Local Government Finance Act * refers to 'chargeable dwellings' rather than using the term 'domestic property'. However, a chargeable dwelling is essentially a property used for residential purposes. Please consult a local solicitor or your council for specific advice. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. so show where it 'domestic property'. However, a chargeable dwelling is essentially a property used for residential purposes.

what in law is living accommodation

so show me were it make refernce to living accommodation

show were applies to council tax is not directly stated in the legislation.

so how fuck is domestic property liable you talk bollox

show me the meaning of dwelling for council tax purpose

show me where it in fact it states dwelling is living accommodation as this is in the legislation maybe c2

elaborate

The term 'dwelling' is defined in the Council Tax (Chargeable Dwellings) Order *, Article * as 'any property which is, or may reasonably be expected to be, occupied under a lease or licence'. how does this equate to domestic property

can you provide the link Council Tax (Chargeable Dwellings) Order *, Article *

in the * act that council tax rely on show me domestic property

show he a paragraph that clearly makes reference or state the two words "domestic property"

in the * act

show he a paragraph that clearly makes reference or state the two words "living accommodation" lgfa * act

show me any of these definition excluding dwelling: *. In English law, the Local Government Finance Act * defines a 'dwelling' for Council Tax purposes. It includes any building or part of a building used or suitable for use as a dwelling. This does not in fact equate to 'houses', 'domestic property', 'living accommodation', 'private domestic property', or 'private domestic living accommodation', the term 'dwellings' is used, without in fact referring to the ‘lawful definition’ of the property one resides in, and the local government finance act * in fact makes no reference to the ‘dwelling lawful definition’ being such definition of the noted individual definition of the types of property were one resides.

so if those words are excluded the definitions do not in fact apply

private property

show me where it states private property

were dose it state dwelling Citation and commencement *. This Order may be cited as the Non-Domestic Rating (Definition of Domestic Property) Order * and shall come into force on 1st April *. Definition of domestic property *. Section * of the Local Government Finance Act *(*) shall be amended— (a) in subsection (*), by the substitution for the words “Subject to subsections (*) and (2B) below” of the words “Subject to subsections (*), (2B) and (2E) below”; and (b) after subsection (2D), by the insertion of the following subsection— “(2E) Property is not domestic property if it is timeshare accommodation within the meaning of the Timeshare Act *.”(*).

no

show how

i am not a dweller

i am living

i live in a home

use solely for private use

how can i be subject if it is not in fact stated

If not stated in law ?

interpret: Section *, Subsection 2c of the Local Government Finance Act *

elaborate part *

show me where 'Exempt dwelling' is defined elsewhere in the Act.

show exist for part *

laymans is not for the time being exempt from local non-domestic rating for the purposes of Part III of the M2Local Government Finance Act * (“the * Act”);

key point in respect of domestic property

key point in respect of domestic property John Leslie Head (Valuation Officer) v London Borough of Tower Hamlets [*] RVR *. Clarification

V Thorburn v Sunderland City Council [*] EWHC * (Admin)

V Bolsover District Council v Ashfield Nominees Ltd [*] EWCA Civ *