Council tax on empty first home

dan_m2k

Hi all,

Wasn't sure if this was the right section of the forums so apologies if I've miss-posted.

I bought my first house approx 9 weeks ago, during which time I called Leeds' Council tax dept and they told me the unfurnished/unoccupied exemption would apply until I got it sorted and moved in.

On moving in, they've now said because the *previous* owner had used up the six month exemption, there cannot be another, despite the fact this was in 2006 -- well before I even thought about buying a house!

I've pressed them that this doesn't sound fair or right (that I'm effectively liable for a previous owner's actions) and for a reference of where this is written in law, but they've yet to do so.

I've trawled though the opsi.gov.uk site and can't find it as I'm not sure what I'm looking for - anyone know if it's right or what I can search for?

Thanks in advance!

minibbb

Hi there

You are in exactly the same situation as me when I bought my first property two years ago. My flat had been empty for two years or so and needed a fair bit of ronovation when I bought it.

As such I stayed at my parents house for a few months having been told by the council that I would be exempt for a few months.

Unfortunately, like you I was stung by the Council and told that the previous owner had used up the exemption!! I tried to query it however was unsuccessful.

Luckily, a couple of months C/T added to the rest of the years DD isn't too much extra but still a pain! It may just mean paying in feb/march whereas you wouldn't have done before.

I wish you the best of luck in sorting out your new home!

mlz1413

It appears that in 2003 councils were given the power to allow discounts on unfurnished and empty properties including a 50% discount for long term empty and 6 months exemption periods.

But I think this is dependant on council policy, as in 2008 the newcastle city council changed their policy so all empty properties are liable for 100% charges but Bedfordshire and Northamptonshire councils both still offer this today.

I would ask your council for a copy of the letter advising of policy change, if you don't get a reply contact your local MP, who should have local knowledge and will probably get a response quicker than you.

00ec25

mlz1413 wrote: »

It appears that in 2003 councils were given the power to allow discounts on unfurnished and empty properties including a 50% discount for long term empty and 6 months exemption periods. .

You are mixing second homes (ie furnished properties) with what the OP is refering to, which in their case is the Class C exemption relating to unfurnished properties.Previous posts on this forum (search facilties are great!) show that many councils apply the exemption period to the property not the current occupant. I

Class C - Dwellings Left Empty and Unfurnished

• Any council tax property which is unoccupied and substantially unfurnished.
• An exemption can be awarded for a maximum period of 6 months and will start on the date that the premises becomes both unoccupied and substantially unfurnished.
• In the case of a dwelling which consists of a pitch or mooring, occupied by a caravan or boat, the dwelling will be exempt if it is left unoccupied.
• Only one period of 6 months is given against a property irrespective of any changes in ownership.
• A 6 month period can only start again once the property has been occupied for a period of greater than 6 weeks.
• The term 'substantially unfurnished' allows for things such as carpets and curtains to remain in a property. The presence of any large items of furniture or numbers of items of furniture will not render a property substantially unfurnished for the purposes of Class A and C

Remember, you may think its unfair that you have to pay but just because you were not in a position to immediately move in when you bought it does not mean the rest of the tax paying community should subsidise you for your personal choice!

JimmyTheWig

• A 6 month period can only start again once the property has been occupied for a period of greater than 6 weeks.

Has the property been occupied since the previous owner used the allowance?
Can you occupy it for 6 weeks (even just sleeping in a sleeping bag?) and then claim the excemption? I guess it depends how long it is going to be before you are ready to move in.

00ec25

JimmyTheWig wrote: »

[/LIST]Has the property been occupied since the previous owner used the allowance?
Can you occupy it for 6 weeks (even just sleeping in a sleeping bag?) and then claim the excemption? I guess it depends how long it is going to be before you are ready to move in.

that would be the only way to start the clock ticking again, however it would need to be continuously occupied for 6 weeks and the council should send an inspector around to confirm this (normally they will be discrete and for example innocently(!) ask the neighbours who's living next door - that's what they did to me when i claimed class F exemption. Quite correctly the neighbours told them the truth and my exemption was confirmed before you ask!)

lincroft1710

Jimmy the Wig - he's moved in, so he won't be eligible for any exemption.

dan_m2k

00ec25 wrote: »

... Class C - Dwellings Left Empty and Unfurnished ...

Thanks for all the really helpful replies, but @00ec25 -- where did you find this please? This seems to be what the Council's write up (i.e. Leeds have it on their website) but the CT Law seems to make no reference to it, nor is there any reference to local council's been able to make this change themselves.

We've moved in now and don't intend to move out, but it's a useful FYI for next time to start the clock ticking again and claim the exemption.

00ec25

dan_m2k wrote: »

Thanks for all the really helpful replies, but @00ec25 -- where did you find this please?

I did a search on previous threads on this forum and copied it from there as this has been discussed before and consensus supports the fact that it is per property.

the fact that neither Lincroft nor CIS have contradicted this suggests that it is a widespread discretionary power of each LA. Both those people are, if I interpret their status correctly, employees within CT sections of councils and comment where the posts are factually wrong (apologies to them if they are rather more senior than that!)

I too looked on OPSI, searching on Class C exemption, but not being a lawyer I can't truthfully interpret the preamble clauses to the actual definitions of Class C, although the words do seem to me to establish the discretionary powers of LA when it comes to applying the de facto definitions

lincroft1710

I'm actually ex Valuation Office Agency

00ec25

lincroft1710 wrote: »

I'm actually ex Valuation Office Agency

I stand corrected :shhh: