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Council Tax Exemption
cooket3
Posts: 33 Forumite
Hi Im not sure if this post is in the right catagory.
I have recently bought a house, which was vacant for 7 months before i bought it. I have applied for an unfurnished and not lived in exemption as a fair bit or work needs to be done in the house. My application has been turned down because the house has already benefited from the exemption and the exemption can not be re granted to me as the new home owner. This seems completely wrong, as I am not living in the house and do not require any services the council offers so I shouldn't have to pay. Is this correct that it wont be granted to me?
I know someone who has been in similar circumstances and he got his accepted. But my council says its the law (*after saying her system wouldn't allow it!)
The lady at the council says the exemption is granted to the HOUSE not the OWNER, but when I asked for the 25% single person discount that is applier to me, the OWNER not the house
Because the council sent me the wrong form in the first place and then took forever to process my application. They are going to charge me 100% council tax rate, If I knew this I would have moved in straight away regardless of works carried out to cut costs. Can I claim for this if what she says is true about the exemption?
To clarify I would like a good answer on the exemption if I can or can't have one. If I cant have one can I back date my single residency claim to when I bought the home?
Thank You
I have recently bought a house, which was vacant for 7 months before i bought it. I have applied for an unfurnished and not lived in exemption as a fair bit or work needs to be done in the house. My application has been turned down because the house has already benefited from the exemption and the exemption can not be re granted to me as the new home owner. This seems completely wrong, as I am not living in the house and do not require any services the council offers so I shouldn't have to pay. Is this correct that it wont be granted to me?
I know someone who has been in similar circumstances and he got his accepted. But my council says its the law (*after saying her system wouldn't allow it!)
The lady at the council says the exemption is granted to the HOUSE not the OWNER, but when I asked for the 25% single person discount that is applier to me, the OWNER not the house
Because the council sent me the wrong form in the first place and then took forever to process my application. They are going to charge me 100% council tax rate, If I knew this I would have moved in straight away regardless of works carried out to cut costs. Can I claim for this if what she says is true about the exemption?
To clarify I would like a good answer on the exemption if I can or can't have one. If I cant have one can I back date my single residency claim to when I bought the home?
Thank You
0
Comments
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Yes you can't get another six month exemption. No idea if you can back-date the 25% discount .Lost my soulmate so life is empty.
I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
Diana Gabaldon, Outlander0 -
From the date the property became vacant AND unfurnished, a 6 month exemption will apply. After this there will be a 50% reduction for a further 6 months as long as the property remains vacant and unfurnished. After this it drops to 10%.
What you were told is correct. It doesn't matter that the ownership changed in that time. It is a property exemption.
If you are having structural work done to the property, you may be able to apply for an 'Under Reconstruction' exemption. But whether you would qualify would depend entirely on the work being done?
(also this type of exemption cannot be applied after the property has been vacant and unfurnished for over a year)
With regard to backdating, there is no such thing when it comes to general council tax (backdating is a benefits term).
So your single person discount can be applied from the very day you moved into the property (irrespective of when you told them)
Hope that helps0 -
After this there will be a 50% reduction for a further 6 months as long as the property remains vacant and unfurnished. After this it drops to 10%.
Not all areas give 50% once Class C exemption has ended, many drop straight to a 0% discount (effectively a full charge).But my council says its the law (*after saying her system wouldn't allow it!)
It is set in legislation (council tax (exempt dwellings) order 1992, as amended).The lady at the council says the exemption is granted to the HOUSE not the OWNER, but when I asked for the 25% single person discount that is applier to me, the OWNER not the house
The Class C is based on a property being unoccupied (and unfurnished) so does not refer to a particular person whereas a 25% single person discount is based on occupancy and so applies to a particular person.To clarify I would like a good answer on the exemption if I can or can't have one.
Your not entitled to a Class C if the previous occupier claimed one and the property has not been occupied for at least 6 weeks since then. (e.g 6 week occupancy and then the property become unoccupied and unfurnished again).If I cant have one can I back date my single residency claim to when I bought the home?
You can only claim for the period you have been resident in the property and it has been your 'sole or main residence'.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
My last council wouldn't extend my empty occupation discount when it was unoccupied and up for sale. They said that there is a housing shortage in the area and the lack of discount was deliberate, designed to encourage empty properties back into use.0
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If your are none resident you would not be entitled to the 25% single occupier discount.
If/when you move in then you will be entitled to this discount.0 -
Hi all
Thanks for your replies and help, although the answer I didn't want!
The council in question is Durham County Council. I will have a look to see if the 50% council tax reduction is available. I bet its not though!
Thanks0 -
It's no longer availableThe Council reviewed the Discretionary Council Tax discount on Long Term Empty properties and a decision was made on the 7th December 2011 to remove the 50 per cent discount. From the 1st April 2012 properties unoccupied and unfurnished will be subject to a 100 per cent council tax charge after the relevant exemption period, usually six months.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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