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  • FIRST POST
    • oliveoil54
    • By oliveoil54 17th Oct 17, 2:36 AM
    • 239Posts
    • 45Thanks
    oliveoil54
    Council Tax after probate
    • #1
    • 17th Oct 17, 2:36 AM
    Council Tax after probate 17th Oct 17 at 2:36 AM
    Received probate in January for my late Mother in Law's estate and house. Was advised by Newcastle on Tyne Council that we would have 6 months free of Council Tax.
    That ended in July, and we still haven't sold the house.
    Should the Council contact us to instigate the tax payments again?
    Or is it our responsibility?
    Will we have to back pay the arrears to July?
    As the house is unoccupied but partially furnished will we qualify for any further discounts?

    Do all the questions above apply to Water rates as well?
    Thank you in advance.
Page 1
    • Tom99
    • By Tom99 17th Oct 17, 5:08 AM
    • 1,014 Posts
    • 616 Thanks
    Tom99
    • #2
    • 17th Oct 17, 5:08 AM
    • #2
    • 17th Oct 17, 5:08 AM
    I think its up to you to contact the Council and start paying tax. Re water I don't think you get any rebate.
    • 00ec25
    • By 00ec25 17th Oct 17, 8:08 AM
    • 5,781 Posts
    • 5,229 Thanks
    00ec25
    • #3
    • 17th Oct 17, 8:08 AM
    • #3
    • 17th Oct 17, 8:08 AM
    your choice.....

    be responsible and comply with your duty to notify the council that your entitlement to the Class F exemption has ended and you need to resume paying CT from its end date

    or

    wait until the council undertakes one of its annual checks of all those in exempt status, asks you to confirm it, (or checks for itself the date probate was obtained given this is a public record and adds 6 months to that date) and chases you for payment

    yes it will be backdated to the date you became liable again (ie date of grant of probate + 6 months)

    discounts for unoccupied and unfurnished depend entirely on the discretion of the individual council concerned. Many now give zero or only a few weeks. Even then you say it is partially furnished so a moot point if you even qualify anyway.

    you won't qualify for any other discounts

    you are liable for the water rates as you (/the estate) own the property. There is no discount for it being empty or being part of an estate
    • imho
    • By imho 17th Oct 17, 8:17 AM
    • 2,451 Posts
    • 1,597 Thanks
    imho
    • #4
    • 17th Oct 17, 8:17 AM
    • #4
    • 17th Oct 17, 8:17 AM
    Our inherited house is for sale after my son was living in it for 17 years. We had 6 months free council tax 17 years ago. Now it's up for sale and no furniture in it we got 1 month free and now pay full council tax for a empty house. If we was doing a extension we would pay no council tax. This is SODC.
    Water bill with Thames water is nothing cause house is empty.
    • 00ec25
    • By 00ec25 17th Oct 17, 8:36 AM
    • 5,781 Posts
    • 5,229 Thanks
    00ec25
    • #5
    • 17th Oct 17, 8:36 AM
    • #5
    • 17th Oct 17, 8:36 AM
    Our inherited house is for sale after my son was living in it for 17 years. We had 6 months free council tax 17 years ago. Now it's up for sale and no furniture in it we got 1 month free and now pay full council tax for a empty house. If we was doing a extension we would pay no council tax. This is SODC.
    Originally posted by imho
    your comment misses out details that mean it is not as simple as you imply
    - 1 month free is the policy of YOUR council. Each council is able to make their own rules

    - if it remains empty and unfurnished after 2 years then the CT rate increases to 150%. That is national policy and not at the discretion of the council ("empty homes rate") as it is to "encourage" people to occupy or sell up, not leave empty.

    - "an extension" is far too vague a way to explain why you would get a discount. The circumstances must include major structural works which make the property uninhabitable whilst the work is underway. Adding an extension does not necessarily cause that.
    • CIS
    • By CIS 17th Oct 17, 9:27 AM
    • 10,196 Posts
    • 5,849 Thanks
    CIS
    • #6
    • 17th Oct 17, 9:27 AM
    • #6
    • 17th Oct 17, 9:27 AM
    Should the Council contact us to instigate the tax payments again?
    Or is it our responsibility?
    The requirement in legislation is to notify the council within 21 days (reg 11 of the council tax (administration & enforcement) regs 1992) of becoming aware that an exemption should not be in place.

    Under reg 9 the local authority should issue a revised demand notice once they become aware the property no longer qualifies but that doesn't remove the onus from the liable party to advise that the exemption should be ended.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • CIS
    • By CIS 17th Oct 17, 10:01 AM
    • 10,196 Posts
    • 5,849 Thanks
    CIS
    • #7
    • 17th Oct 17, 10:01 AM
    • #7
    • 17th Oct 17, 10:01 AM
    Received probate in January for my late Mother in Law's estate and house. Was advised by Newcastle on Tyne Council that we would have 6 months free of Council Tax.
    That ended in July, and we still haven't sold the house.
    Should the Council contact us to instigate the tax payments again?
    Or is it our responsibility?
    Will we have to back pay the arrears to July?
    As the house is unoccupied but partially furnished will we qualify for any further discounts?

    Do all the questions above apply to Water rates as well?
    Thank you in advance.
    Originally posted by oliveoil54
    I've just sent you a message which may be of interest.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • imho
    • By imho 17th Oct 17, 11:11 AM
    • 2,451 Posts
    • 1,597 Thanks
    imho
    • #8
    • 17th Oct 17, 11:11 AM
    • #8
    • 17th Oct 17, 11:11 AM
    your comment misses out details that mean it is not as simple as you imply
    - 1 month free is the policy of YOUR council. Each council is able to make their own rules

    - if it remains empty and unfurnished after 2 years then the CT rate increases to 150%. That is national policy and not at the discretion of the council ("empty homes rate") as it is to "encourage" people to occupy or sell up, not leave empty.

    - "an extension" is far too vague a way to explain why you would get a discount. The circumstances must include major structural works which make the property uninhabitable whilst the work is underway. Adding an extension does not necessarily cause that.
    Originally posted by 00ec25
    I am just quoting what SODC told me on the phone. We expected to pay water rates but pleased we don't have to so that was good for us.
    • oliveoil54
    • By oliveoil54 17th Oct 17, 12:45 PM
    • 239 Posts
    • 45 Thanks
    oliveoil54
    • #9
    • 17th Oct 17, 12:45 PM
    • #9
    • 17th Oct 17, 12:45 PM
    Many thanks to you for all your replies, they have been helpful and informative. CIS many thanks for your extra information which has been invaluable.
    • mariecc
    • By mariecc 11th Jan 18, 4:33 PM
    • 114 Posts
    • 8 Thanks
    mariecc
    council tax and empty property after probate
    Hello just seen post so posting here for help if possible Hope I will be able to ask logically here.

    I bought a property march 31 2016 that is nearly 2 years ago. the property is still empty and we are racing against time to get it finished and occupied before the end of march.. we have been paying full council tax from the day we bought the property..

    The council (Solihull) have sent an amended bill for the tax... because the property was empty prior to us buying it. The previous owner had died so they are requesting that WE pay 50% levy.. for the period 11 dec 17 to 31 march 18... so we have to pay from basically death of of to when we bought it.
    So my questions are
    Why do we have to pay for a property we did own ?
    Why is the date not starting from when we bought it?
    What determins that the property is empty or not?
    How long does a person have to be in the property to make it a residence?
    I have told hubby he can go and sleep there from monday to friday. so is the property then occupied?
    I understand this 2 year empty property thing. I don't agree with paying extra taxes as not services are being used..

    but why should i have to pay when someone else owned the property...

    help please
    we have sunk everything in the house and am paying full council tax we have had nor asked for any discounts
    • CIS
    • By CIS 11th Jan 18, 6:30 PM
    • 10,196 Posts
    • 5,849 Thanks
    CIS
    The premium on a long term empty property is independent of ownership, it is a function purely of time and condition - if it's been unoccupied and unfurnished for two years or more then it is liable for the premium from the end of that two year period.

    Your husband sleeping there will not make any difference to the charge as he is not 'resident' for council tax purposes.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
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