Council tax...

riazbax

00ec25 wrote: »

so when you asked the council about the legislation, what did they say about why you have been billed - you did ask them didn't you????

I got told the legislation has changed the closing order has cease to have effect on 6 April 2008 and therefore Closing Orders has been revoke or repeal. But my arguments was that the property is unfit but there ignored.

lincroft1710

Why do you think the property is unfit for human habitation?

molerat

2.—(1) A closing order made under section 264 or 368(4) of the 1985 Act before the first
commencement date shall cease to have effect on that date unless it is an order to which subparagraph
(2) applies.

Does subparagraph (2) apply ? This is what your whole argument needs to be based on.

John_Pierpoint

I think you need to tell us more about the building - so we can decide why the council wanted to "close" it and why you would want to let them.
Is this some crumbling eyesore and the closing order was meant to be the first step before compulsory purchase for a now nominal value?

Perhaps the council has decided that charging the property with unpaid council tax is an easier way of putting pressure on you to do, what ever it is that is not being done?

CIS

A Class G exemption is actually difficult to get as the order has to state that the property cannot be inhabited - not just that it cannot be inhabited by a certain group. If the regs under which it has been granted are withdrawn the exemption would only re-apply if was then prohibited under another piece of legislation.

There is no awardable council tax exemption merely for being uninhabitable without some form of prohibition order being served - the council tax dept have no scope to grant an exemption unless you can provide a relevant order. You need to speak to the building control or enviromental health department and see if an order can be granted.

If the property is in too bad a state then the Valuation Office may remove it from the listings but that is solely their decison.

riazbax

CIS wrote: »

A Class G exemption is actually difficult to get as the order has to state that the property cannot be inhabited - not just that it cannot be inhabited by a certain group. If the regs under which it has been granted are withdrawn the exemption would only re-apply if was then prohibited under another piece of legislation.

There is no awardable council tax exemption merely for being uninhabitable without some form of prohibition order being served - the council tax dept have no scope to grant an exemption unless you can provide a relevant order. You need to speak to the building control or enviromental health department and see if an order can be granted.

If the property is in too bad a state then the Valuation Office may remove it from the listings but that is solely their decison.

A Class G exemption was granted several years ago under section 264 or 368(4) of the 1985 closing order Act. Also this exemption would only be remove after the work was carried out to make it human habitable.
Since the legislation change or amended I got told by building control that closing order has been revoke. Therefore from my understanding the building is fit even I have papers to say it’s unfit.
I have spoken to the building control and also environmental health dep I just kept on being told the same the legislation has changed and closing order Act does not exist any more.

John_Pierpoint

Site value rating by the back door.
Henry George would be really pleased.
Excellent tax because the person with land wealth (but not making full use of it for the community) has no choice but to pay up and nobody else suffers, in fact the price of land would be likely to fall.

en.wikipedia.org/wiki/Henry_George

lincroft1710

If you could say exactly why you think the property is unfit for human habitation then I could tell you if it's worth approaching VOA to have the property removed from council tax list.