Council Tax ("joint tenants in common")

northshore_2

Help! needed.
My Council have insisted I must pay FULL Council Tax, following death of relative with whom I was joint owner of house as "joint tenants in common"
The house has gone into extended probate situation due to problems.
House is empty but have used up "empty property entitlement"
Probate of relative is ongoing.
Council insists that I am liable for ALL of 100% Council tax (no rebates or allowances) despite being only HALF-ownership and other half in probate.
This is so unfair and a great burden. Can anyone tell me the correct legal position and whether there are any options to follow.
I cannot sell my share until probate goes through and this is not happening for some time.
Greatly appreciate some sound advice, many thanks!

seven-day-weekend

Sorry about the death of your relative.

You are both probably 'jointly and severally liable' for the Council Tax, which means that both of you are /were liable for all the bill.

If you are in the house on your own, you would expect to pay all the gas bill, wouldn't you? You would not expect to be sent half of the bill. It's the same as that.

You can pay it in twelve instalments if that is easier.

MY son shares my house in the UK with two other people and all three of them are 'jointly and severally' liable.

Sorry to be the bearer of bad news.

CIS

seven-day-weekend is right, under joint and severable liability rules you are liable for all council tax owing.

yummymummy79

Things will probably be different when the probate goes through, but there is a time limit on empty property exemption so this may well have run out.

Just wondering, if you are living there, why can't you get the 25% Single Person Discount, if they are happy to bill it as a 'normal' house then why can't they apply the 'normal' discount to someone in your position?

If you are not living there then you seem to have been charged correctly.

CIS

Things will probably be different when the probate goes through, but there is a time limit on empty property exemption so this may well have run out.

The Awaiting probate exemption (F1 off the top of my head) is unlimited in time as some probate takes years to sort out.

A probate exemption wont be applicable to the property anyway as it was joint ownership and liability, therefore liability passes to the surviving liable person. Once the Class C exemption has been used up, their is only a empty property exemption to be had.

The 25% can only be given if their is a single resident who declares the property is their 'sole or main residence'.