Brentwood Borough Council Council Tax and Benefits - Council Tax - Who pays Council Tax?

Brentwood Borough Council Council Tax and Benefits - Council Tax - Who pays Council Tax?

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Who pays Council Tax?

Usually one person, called the liable person, is liable to pay Council Tax. Nobody under the age of 18 can be a liable person. Couples living together will be held to be jointly and severally liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.

If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will be held to be joint and severally liable.

The hierarchy of liability is:

  • A resident owner-occupier who owns either the leasehold or freehold of all or part of the property
  • A resident tenant
  • A resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
  • Any resident living in the property, for example, a squatter
  • An owner of the property where no one is resident

Usually, the hierarchy will decide liability but there are some exceptions. The owner will be the liable party in the following circumstances:

  • The property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately; or
  • The people who live in the property are all under the age of 18; or
  • The property is accommodation for asylum seekers; or
  • The people who are staying in the property are there temporarily and have their main home somewhere else; or
  • The property is a care home, hospital, hostel or women's refuge.

If you do not believe that you are the person who should be billed for Council Tax, please write to us in the first instance. There is a right of appeal.

Breadcrumb, my location

Who pays Council Tax?

Usually one person, called the liable person, is liable to pay Council Tax. Nobody under the age of 18 can be a liable person. Couples living together will be held to be jointly and severally liable, even if there is only one name on the bill. This applies whether the couple is married, cohabiting or in a civil partnership.

If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will be held to be joint and severally liable.

The hierarchy of liability is:

  • A resident owner-occupier who owns either the leasehold or freehold of all or part of the property
  • A resident tenant
  • A resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
  • Any resident living in the property, for example, a squatter
  • An owner of the property where no one is resident

Usually, the hierarchy will decide liability but there are some exceptions. The owner will be the liable party in the following circumstances:

  • The property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately; or
  • The people who live in the property are all under the age of 18; or
  • The property is accommodation for asylum seekers; or
  • The people who are staying in the property are there temporarily and have their main home somewhere else; or
  • The property is a care home, hospital, hostel or women's refuge.

If you do not believe that you are the person who should be billed for Council Tax, please write to us in the first instance. There is a right of appeal.