Ending joint council tax liability

Have a new client who has joint AST with ex husband. Last annual renewal in both names ended 30 4 2022. N Client has asked landlord for new agreement in sole name, but not given notice for joint tenancy. No contact with ex husband, d/k what if any contact there was between him and LL.
Local authority CT department is refusing to give SPD until and unless the client can produce a tenancy agreement in her sole name, and benefits department will not process CTS claim until she has new CT account in sole name.
I am not sure whether the LA is right or not.  Experience of colleagues for client in shared accommodation with joint liability is that the LA usually amends the details on the CT if one of the tenants moves our or a new tenant moves in.

I am aware there is a problem with ending liability in empty properties when there is still a tenancy in place https://england.shelter.org.uk/professional_resources/legal/debt/council_tax_liability_after_a_tenant_moves_out

But I am not sure whether this reasoning can be applied when changing from 2 to 1 occupiers

(apologies if this is posted twice or even more - I kept getting messages that It is not possible to submit this message, but then it appeared in recent messages anyway

Dear Andrea,

Section 11(1) Local Government Finance Act 1992 defines when a sole adult discount is applied and it says nothing about it being based on a single person tenancy rather than a joint name tenancy. This is just a question of evidence to support the client’s statement that she is she sole resident in the property.

There is no law that her statement, which is evidence in itself, has to be supported by the documentary evidence your local authority is requesting. If there are no grounds that would justify the local authority’s stance e.g. she has had previous fraud or benefit fraud decisions found against her, then it can be argued that there demand for a particular form of documentary evidence is unlawful and inappropriate.

Obviously, the simplest way to resolve your client’s impasse is to get some form of documentary evidence that will satisfy the local authority. You do not say if it is a private landlord or a housing association landlord. Could your client ask the landlord for a letter confirming that they know she lives in the property on her own but they are not prepared to issue a single-tenant tenancy agreement at this time? Alternatively, are all of her utility account letters in her sole name? This sort of alternative documentary evidence may satisfy the local authority’s requirement for documentary proof of her sole residency.

You can appeal against a decision on Council Tax discounts (including sole adult discount) to the Valuation Tribunal. See here on Advisernet: https://www.citizensadvice.org.uk/advisernet/housing/council-tax/council-tax-appeals/

The Valuation Tribunal can also make decisions on Council Tax Support claims, so you can make a separate but connected appeal about the refusal to process the Council Tax Support claim at the same time.

Good luck with either way you proceed.

Best Regards

Chris

Thanks a lot