Non-resident council tax. Please help.

Broxy_2

Three and a half years ago I quit my career after 14 great years, put my house on the market and emigrated (the things you do for love!).

Having emigrated while waiting for a full visa meant I wasn't eligible to work at my new place so I used the time to reskill while getting married, having my first baby and learning to be a "dependant" (eugh).

I'm gutted to have to say that my house is STILL on the market after all this time. It's bled me dry, used up all my savings, especially since the water tank burst on the day of my baby's birth and the insurance refused to pay up. Subsequently (after following their restrictions that the system had to be drained down) the boiler has been condemned (because apparently they don't survive well being drained down over winter).. yadda yadda yadda.. it's just been one thing after another.

Aside from the desperate situation of trying to get it sold, my major gripe is about council tax. As a registered non-resident for tax purposes who's never claimed a penny in benefits (I did have the house rented out for a very small time but it's mostly been empty and unoccupied), do I REALLY have to pay the full council tax under these circumstances? I'm not counting the 6 month exemption/discount as that's past.

The house is fully in my name and my new spouse has (as yet) not had to pay a penny towards it. I mention this as I don't know how responsible they think HE would be to pay.

It seems so unfair that I'm trying so hard to do the right thing and keep my head above water under such difficult circumstances yet have to pay such a crazy high amount of money for services I can't even use. Can anyone offer advice?

G_M

There seem to be two obvious options:

1) reduce the asking price suffiently and it will sell. Or put it in an auction. Get shot of it.
2) spend some money getting it repaired and up to standard, engage a reputable letting agent, and rent it out (thinks....should that be 'let'?)

Broxy_2

Thanks for your reply.

The house is on the market considerably under the valuation, has been repaired and redecorated to standard (it's a good house, 9 years old) and is with a reputable estate agent. I really want to sell it rather than rent but am not getting interest from either in any case.

But as I say - my main concern right now, having those other things in hand (!), is about the council tax. Surely I shouldn't have to pay all that?

may_fair

Have a read through the Government Finance Act 1992. That's what makes you liable for council tax.

http://www.legislation.gov.uk/ukpga/1992/14/contents

Nutshell version: They will get you if you don't pay.

gordonbennet

I agree with both the previous posters.

It seems a real waste not to have let the property and earned some money from it all this time, but I guess you imagined it would have sold more quickly?

Every property will sell at the right price. It also helps if the agent is fresh and keen. Please tell me it's not been on with the same agent all this time.

Can we ask where the property is and how much it's on for? People here are very good at giving an opinion and advice if you feel like posting a link to it's rightmove listing.

agrinnall

If it hasn't sold for 3 1/2 years then the price is not right. Have you checked what other properties in the area are going for? As you've been out of the country it may not have been easy for you to keep up with what's happening in the local market. And you definitely need to think hard about getting a new EA.

HappyMJ

may_fair wrote: »

Have a read through the Government Finance Act 1992. That's what makes you liable for council tax.

http://www.legislation.gov.uk/ukpga/1992/14/contents

Nutshell version: They will get you if you don't pay.

How when the OP lives out of the country?

Would the council get the court to get an international arrest warrant and pay to get the OP extradited from the country that they are in back to the UK to face a magistrate? I don't think so. They'll just let it go.

If the council tax goes unpaid for a long enough time they will request a charging order on the house and the proceeds of the sale (if any) can then pay for the council tax.

Benji

HappyMJ wrote: »

How when the OP lives out of the country?

You answered your own question!

If the council tax goes unpaid for a long enough time they will request a charging order on the house and the proceeds of the sale (if any) can then pay for the council tax.

CIS

Aside from the desperate situation of trying to get it sold, my major gripe is about council tax. As a registered non-resident for tax purposes who's never claimed a penny in benefits (I did have the house rented out for a very small time but it's mostly been empty and unoccupied), do I REALLY have to pay the full council tax under these circumstances? I'm not counting the 6 month exemption/discount as that's past.

Are you still paying full Council Tax ?.

As you have no intention to return to the property and its now unoccupied you are entitled to a 2nd Home Discount on the property.

Would the council get the court to get an international arrest warrant and pay to get the OP extradited from the country that they are in back to the UK to face a magistrate? I don't think so. They'll just let it go.

Quite possible but they can approach a magistrate for a committal warrant which will then cause the issuing of an arrest warrant if the OP doesn't show - he'd have this hanging over him whenever he came back in to the country.

If the council tax goes unpaid for a long enough time they will request a charging order on the house and the proceeds of the sale (if any) can then pay for the council tax.

Very few councils use these due to the length of time they take before you get the money. Depending on the amount the council may go for bankruptcy proceedings.

poppysarah

3.5 years on the market?

Price.
Put it to auction no reserve.

poppysarah

Broxy wrote: »

Thanks for your reply.

The house is on the market considerably under the valuation, has been repaired and redecorated to standard (it's a good house, 9 years old) and is with a reputable estate agent. I really want to sell it rather than rent but am not getting interest from either in any case.

Either that's not true or your EA is not promoting your property.

Look at houseprices.co.uk
for recent sale prices in your area - compare the properties.

If a lot of new build has been thrown up then your "secondhand" one will be most unattractive.

Speak to the EA and ask them honestly what price you will get for it.