Council Tax after death?
Comments
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Yeah ..... I guess the sooner they can rack up enough unpaid CT the sooner they can take possession, get a central Government grant to renovate and then rent it out for themselves!Many council's are heading that way with charges, in addition many are heading to a 100% charge for unoccupied and unfurnished properties after the 6 month Class C.
"These people can't pay so lets double their liability" ..... I sense some bankers logic here.0 -
Yeah ..... I guess the sooner they can rack up enough unpaid CT the sooner they can take possession, get a central Government grant to renovate and then rent it out for themselves!
The council can't just seize property for unpaid council tax.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Well there's a few hoops to jump through first.The council can't just seize property for unpaid council tax.
I guess 'take possession' should more accurately have been 'force sale to themselves'
My understanding is that the Law of Property Act 1925 states that a local authority with a debt on a property can register the debt as a first charge with Land Registry, taking precedence over any mortgage, and is thus empowered to force a sale. The properties I'm aware of have all been sold to the council/their agents, got grants (where none were available to the previous owners) and are now rented. I believe some may be offered at some point as shared ownership schemes.
Undoubtedly this is going to become a lot more commonplace.0 -
How on earth can a council justify a large slice of council tax if a property is unoccupied due to death until it is either reoccupied or sold?
Surely the house would not have rubbish collected on a daily basis, no services to speak of apart from perhaps a bit for Police services etc which a a very small part of the overall cost.0 -
I am the administrator of my father's estate. He did not leave a will, so I was not a nominated executor initially and it was my siblings who dealt with the council. They established that there is no council tax and there never will be for so long as we have the house there, empty and up for sale. Six months is about up and I have not heard anything to the contrary.
I am sure I would be quite happy if the council "forced a sale" because I can't sell it.0 -
How on earth can a council justify a large slice of council tax if a property is unoccupied due to death until it is either reoccupied or sold?
Surely the house would not have rubbish collected on a daily basis, no services to speak of apart from perhaps a bit for Police services etc which a a very small part of the overall cost.
The 'justification' may be they need the money and that central government will cut their grant if they don't.
'Cost' really has nothing to do with it0 -
Neither the government nor councils like the idea of empty properties, especially when there is a perceived housing shortage. Therefore any concessions for empty/unocc properties are probably kept to a minimum so that there are less incentives for owners to keep properties empty.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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lincroft1710 wrote: »Neither the government nor councils like the idea of empty properties, especially when there is a perceived housing shortage. Therefore any concessions for empty/unocc properties are kept to a minimum so that there are less incentives for owners to keep properties empty.
still smacks a bit though where owning a second home I only get 10% discount whereas on my main home I get the full 25% SPD - they get an extra 15% for a mainly unoccupied house,
wish we could all automatically be paid higher rates by those customers who use us less0 -
lincroft1710 wrote: »Neither the government nor councils like the idea of empty properties, especially when there is a perceived housing shortage. Therefore any concessions for empty/unocc properties are kept to a minimum so that there are less incentives for owners to keep properties empty.
I think councils should be collecting money to pay for services rendered, not to moralise to people over empty properties. And especially not to executors of a will who are trying to sell but are unable.0 -
00ec25 and Pumpkinface - sorry in my haste to type post I omitted word "probably" as this is why I believe this part of CT legislation has time constraint.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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