Council tax for unoccupied house

CIS

I've been getting conflicting advice on this thread about whether I have to pay the CT monthly or whether it's added to the estate, so I'll just ask the council for a definite answer.

You are only responsible for the council tax due if you are the legal owner or the occupier otherwise the estate is the legal owner and responsible for any charges due.

Any council tax due will need to be paid by the estate in monthly instalments in the same way as any normal person would pay.

mrschaucer

This is just getting silly with all these ongoing bills and aggravation for all of you. As executor, can't you just put the house to auction and get rid of it once and for all, for THE HIGHEST PRICE POSSIBLE at the time? Your relatives have had time to try and sell the house their way and it hasn't worked, has it? For goodness sake, just get rid.

Dunroamin

CIS wrote: »

You are only responsible for the council tax due if you are the legal owner or the occupier otherwise the estate is the legal owner and responsible for any charges due.

Any council tax due will need to be paid by the estate in monthly instalments in the same way as any normal person would pay.

Can you explain what you mean by the last paragraph, please? I can see how that would work if the deceased had left funds which form part of the estate but how would it work if there's just the house (as I think is the case for the OP).

plum2002

Dunroamin wrote: »

Can you explain what you mean by the last paragraph, please? I can see how that would work if the deceased had left funds which form part of the estate but how would it work if there's just the house (as I think is the case for the OP).

I was thinking exactly the same thing. I know the council tried to say that my spending 4 days clearing all the carp from Dads meant i had to pay 12 months CT :eek: but the solicitor wrote to them pointing out that until the house was sold and the estate was wound up they wouldn't be paid.

Mojisola

Ames wrote: »

Mojisola, I gave permission for sister to sign the contract with the EA. I was careful with the wording so it was only permission for it to go up for sale, but I think she'll have to be involved with any decisions.

Legally, she won't. You're the executor!

And I really can't risk annoying dad - he's letting us pay the mortgage on his credit card and he's paying 1/3. He also paid 2/3 of the outstanding arrears. I can't afford to cover the full amount myself, just finding 2/3 is a struggle. And if we miss a payment they can repossess, and my finances aren't stable enough to be sure that the money will be in my account on the right day every month. But on the other hand he's getting a bit annoyed that my sister isn't paying everything, that he's spent his savings on this, and can't retire like he'd planned to.

All the more reason to get the house sold! The estate doesn't have the finances to service the property so it needs to go.

Heycock

When I was selling my mum's flat my local council accepted the situation and after the initial exemption period, agreed to allow me another 6 months before they'd take action to recover...of course the due tax was rolling up as a debt to the estate. But in practice, all that would have happened at the end of the period was that the council would have then reserved the right to apply a legal charge on the estate. The only time the executor can be personally liable is if their own misconduct in the administration of the estate leads to a loss to any debtor. REMEMBER.....the law does require things to be done in a certain order. And repayment of debts comes before distribution to beneficiaries. So, OP, bear that in mind. Liquidate the estate ASAP. If that means upsetting family by selling at a REALISTIC price, so be it. and the suggestion of selling at auction is valid and accepted practice.
It's affecting your health so you already know in your heart what you should do.

CIS

Can you explain what you mean by the last paragraph, please? I can see how that would work if the deceased had left funds which form part of the estate but how would it work if there's just the house (as I think is the case for the OP)

In most cases there the property would be exempt (Class F exemption) but if their not (for example probate has been granted more than 6 months ago) then a council tax charge would be due and the estate would be liable for the council tax due and would need to find the funds.

Heycock

Missed out part of the story. Council never did apply for a legal charge. They stayed happy for me to give regular updates on the sale effort and just sent me a 2 monthly account update.
Sold after 18 months with 2 reductions totalling 25% of original asking price. Beneficiaries happy to get everything settled.

CIS

after the initial exemption period, agreed to allow me another 6 months before they'd take action to recover...of

Probably the 6 month Class F exemption which is awarded from the date of probate.

CIS

Missed out part of the story. Council never did apply for a legal charge. They stayed happy for me to give regular updates on the sale effort and just sent me a 2 monthly account update.

You were very lucky with your council and its unlikely with the current financial situation that a council would still give you 18 months to settle the charge due from the estate.