Council tax exemption

shambolics

Hi, I am having problems with the council concerning an ex local authority flat I am letting out in Ealing. Due to council neglect of the structure - something I am not allowed to touch, damp has been coming in through the walls. The flat was let out but the damp started to make it uninhabitable. The last tenants left because of the damp. I have been waiting since last October for the council to sort this and it is still not finished! Meanwhile the council tax department has decided we have to continue paying council tax despite their neglect making it unviable to put a tenant in. Is there any way to fight this decision? It seems so unjust to be paying them tax when their neglect has made it impossible to put tenants in there.

CIS

Council tax law does not take any account as to who is responsible for any issues with the property - you would need to pursue the council by other means.

If its unfurnished and unoccupied then a 6 months Class C exemption can be awarded, failing that if environmental health can issue a prohibition order then you can get a unlimited Class G exemption.

If the property was to udnergo structual/major repairs then you could get up to 12 months Class A exemption.

shambolics

Thanks for that. How do they define major/structural repairs? The Council has supposedly been doing Damp course; Rendering and Pointing for the last 10 months!

CIS

How do they define major/structural repairs

The work would have to be underway for the Class A to start - there is no full definition but a general rule of thumb is if its repairs that would be prevent someone living in the property (I.e structural repairs that made it unsafe, floors removed etc) then it qualifies.

Generally speaking pointing and a new damp course wouldn't meet these criteria.

shambolics

Oh well looks like I'll have to pay it then. How unjust is that? Through their neglect the property becomes uninhabitable and then they charge me council tax as if it was habitable! Laws seem have come a long way from any intent to ensure moral justice

tbs624

shambolics wrote: »

Oh well looks like I'll have to pay it then. How unjust is that? Through their neglect the property becomes uninhabitable and then they charge me council tax as if it was habitable! Laws seem have come a long way from any intent to ensure moral justice

Presumably, you would still expect the fire brigade to turn up if your damp property was on fire, the police to turn up if someone broke in, the pest control officers to sort out rats in the area, public lavs to be maintained so that local don't relieve themselves up against the door of your property, and so on? If so, who do you think should foot the bill?

The repairs issue & c tax due have to be looked at separately, unless you can qualify for an exemption as outlined above.

Councils do act slowly, unless they are chasing you or me for unpaid Council Tax , so you you have to balance the risks inherent with buying into that market & having to deal with Council inadequacies with the probability that you got this ex-LA property at a very good price. Paying the C Tax is, of course, tax deductible when you are a LL.

shambolics

tbs624 wrote: »

Presumably, you would still expect the fire brigade to turn up if your damp property was on fire, the police to turn up if someone broke in, the pest control officers to sort out rats in the area, public lavs to be maintained so that local don't relieve themselves up against the door of your property, and so on? If so, who do you think should foot the bill?

The reapairs issue & c tax due have to be looked at separately, unless you can qualify for an exemption as outlined above.

Councils do act slowly, unless they are chasing you or me for unpaid Council Tax , so you you have to balance the risks inherent with buying into that market & having to deal with Council inadequacies with the probability that you got this ex-LA property at a very good price. Paying the C Tax is, of course, tax deductible when you are a LL.

Well they let me have 6 months exemption prior to this - did that mean I wouldn't get those services during that period?
I don't mind paying council tax but my empty flat is 100% the Councils fault. They even charged me £6000 for work they didn't actually do. I would be happy to get it fixed myself and sell it but they actively won't let me! The repair issue and council Tax are a seperate issue because the law is weighed heavily in their favour. I don't see as it is morally seperate.
and you only get Tax deducted when you have an income to Tax. I Don't the flat is my income.

shambolics

tbs624 wrote: »

Presumably, you would still expect the fire brigade to turn up if your damp property was on fire, the police to turn up if someone broke in, the pest control officers to sort out rats in the area, public lavs to be maintained so that local don't relieve themselves up against the door of your property, and so on? If so, who do you think should foot the bill?

Perhaps they could pay my share out of the maintainance money we pay for nothing and the £6000 I paid for nothing to be done!