Council tax - uninhabitable exemption - is there any set 'standards' list ?

Somerset

Does anyone know if/where there is a set criteria for what would qualify a property for uninhabitable exemption from council tax? I can't find anything specific on our local council website ( apart from the fact there is an exemption ). And when I telephoned, the CS person just said it was very stringent and the only qualifier was ''not having a roof'' - which I can't believe. Or does it vary council to council ? Surely there must be a laid-down set of qualifying boxes to tick. Obviously I expect the property to be inspected to make sure that the truth is being told.

CIS

It depends what is up with the property , there are several exemptions which might apply.Not having a roof is not the only qualifier although the exact descriptors are not set down in law.

If the property is uninhabitable and not safe to live in then if Environmental Health certify it as uninhabitable then a Class G exemption can be applied.

If the property is uninhabitable and undergoing major or structural repairs/alterations then a Class A exemption can be applied for up to 12 months.

If the property is empty and unfurnished but does not qualify for a Class A then a 6 month Class C can be applied.

Somerset

CIS wrote: »

If the property is uninhabitable and not safe to live in then if Environmental Health certify it as uninhabitable then a Class G exemption can be applied.
Previous owner had Environmental Health issues. I think they did an advisory thing and served notices but no enforcement. Had been used for letting but because of EH involvement was sold 'cheap'. My solicitor passed on what he was given which were the EH list of 'must-do's'. Don't know if this is enough for a Class G ? EH deemed it good enough for an owner-occupier but not for letting.

If the property is uninhabitable and undergoing major or structural repairs/alterations then a Class A exemption can be applied for up to 12 months.
Works - complete damp-proofing, all plaster hacked off walls, kitchen and bathroom stripped out, wiring stripped out prior to rewiring, existing heating removed prior to new central heating going in.

If the property is empty and unfurnished but does not qualify for a Class A then a 6 month Class C can be applied.

All I've done at the moment is complete an online form asking for an 'exemption' citing property uninhabitable. I didn't specify Class A or G ( as I didn't know this info ). Do I just wait for the Council to respond/request more info or should I write stating the Class I'm applying under. Basically should I wait for them to inspect and guide me or do I need to be more proactive?

CIS

I would complete the form you have and let them contact you however there's no harm in providing any extra info if the form has space.

paintpot

I've recently had a similar issue. I manage a rental property that has been flooded by sewage so definitely uninhabitable. I was hoping to get something in writing from the insurer to this effect but decided to just call the council to see what they wanted.

Initially they said they might send out an inspector but then I was called back, I explained the situation, they didn't ask for any proof and a few days letter I received an exemption certificate for 6 months.

Maybe I was just lucky. I also asked the surveyor to note on their report that the property will remain uninhabitable until the work is complete which they did.

You don't say why you believe it to be uninhabitable. If it's a similar issue to mine then you might need someone official to deem it uninhabitable.


Maybe ring the council again and you might get a "better" CS advisor!

CIS

Maybe I was just lucky. I also asked the surveyor to note on their report that the property will remain uninhabitable until the work is complete which they did.

You don't say why you believe it to be uninhabitable. If it's a similar issue to mine then you might need someone official to deem it uninhabitable.


Maybe ring the council again and you might get a "better" CS advisor!

Our policy is to inspect when ever we can although if that is not practical we can award the exemption based on other evidence. Each council has their own policy .

paintpot

CIS wrote: »

Our policy is to inspect when ever we can although if that is not practical we can award the exemption based on other evidence. Each council has their own policy .

You've been very helpful CIS. Just to qualify I meant the insurance surveyor. The council didn't send an assessor they granted exemption on a verbal conversation. However, I could produce evidence and they can inspect if they wish as I've nothing to hide.

I am always really prompt at telling the council about changes in tenancies and when a property is empty. I did have a property I had exemption on inspected and picked up a card through the door. They had called by to check it just as the tenant had moved in so it may have looked suspiciously like I was trying to con them but when i called them they had just received my letter notifying them of the new tenant moved in so that was the end of that.

So far, the two councils I have contact with have been very efficient and helpful. I don't know if their system allows them to see all the properties I am attached to and whether they can see that I am prompt in notifying them of changes. I have had a couple of council tax dodging tenants but on production of the Tenancy Agreement they have then left me alone.