Council Tax for unlivable home?

cooket3

Hi

I bought a house back in June. The house was damp, walls needed patching. There was no hot or cold water.(The water comes from a nearby farm and wasn't turned on. There was no form of heating the house as the house was vacant and the plumbing was bled and pipes needed replacing, and had no water. No hygiene facilities were available, i.e toilet bath or shower due to no water again. The ceiling was leaking in some parts and was also cracked on the landing, therefore needed a new one.

Please look at my older posts if you want more information.

As my house needed repairs to make it habitable in my opinion I should not be paying any council tax. My council is Durham County Council and a Class A exemption says 'repairs/alterations to make a house livable' give the exemption.

However my council still want to charge me. I have a Tribunal in a month to argue my case.

Am I right? Or can anyone offer any help?

I don't know If I have posted this in the right place as I cant find a Council Tax section.

Thank You

Tony

molerat

Probably hinges on the definition of "major or structural repair" (note not just repairs/alterations as you stated) and when the 12 month clock started ticking.

cooket3

I'm thinking they're doing that. The 12 month has not been taken before I got the house.

But i'm only asking for it till I got the water and heating working 4-5 months. Its just they're billing me for an unlivable house

Is there a definition of an unlivable/livable house anywhere?

The Vacant Possession 6 month has been taken and therefore don't qualify, so I cant use this

molerat

Water and heating probably do not constitute "major" and they are probably thinking why months for a couple of weeks work.

cooket3

But how can a house with no heating or water for hygiene/washing etc be livable?

lincroft1710

cooket3 wrote: »

But how can a house with no heating or water for hygiene/washing etc be livable?

Lack of heating does not make a house uninhabitable. Just buy plug in electric fires or fan heaters. There was a water supply, it just wasn't turned on.

There is no definition of uninhabitable in CT legislation.

CIS

But how can a house with no heating or water for hygiene/washing etc be livable?

The regulations do not require a house to be un-liveable or otherwise uninhabitable for a Class A, its not something directly taken in to account.

Although I personally wouldn't there are plenty of people in chargeable residential dwellings who live without water, electricity or heating for various reasons.

The regulations currently state (there will be changes from 1 Apr 13)-

“Class A 1) A vacant dwelling which–

(a)requires, or is undergoing, or has undergone, major repair work to render it habitable, or

(b)is undergoing or has undergone structural alteration,
and which complies with the condition set out in paragraph (2).

(2) The condition mentioned in paragraph (1) is that the dwelling has been vacant for a continuous period, being the shorter of–
(a)a period of 12 months,
and
(b)a period beginning on the day on which the dwelling became vacant, and ending with the expiry of six months beginning on the day on which such major repair work or structural alteration was substantially completed.

(3) For the purposes of paragraphs (1) and (2) above, “major repair work” includes structural repair work.”

Vacant is defined as

“(3) For the purposes of Classes A and C of article 3,


(i)a dwelling is vacant on any day if on the day it is unoccupied and substantially unfurnished; and
(ii)in considering whether a dwelling has been vacant for a period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded.”.

CIS

Take a look at some similar decisions from the VT - VT decisions are not binding on other panels but they do build up a history of similar cases to be considered.

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/4210M88473254C.htm&Decision=liability

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/1010M74930037C.htm&Decision=liability

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/4610M72290221C.htm&Decision=liability

cooket3

CIS wrote: »

Take a look at some similar decisions from the VT - VT decisions are not binding on other panels but they do build up a history of similar cases to be considered.

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/4210M88473254C.htm&Decision=liability

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/1010M74930037C.htm&Decision=liability

http://info.valuation-tribunals.gov.uk/decision_document.asp?appeal=/decision_documents/documents/CT_England/4610M72290221C.htm&Decision=liability

Thank You for your reply, was vey useful. I have read these cases and looks like I don't stand a chance! and will be a waste of a days' holiday from work.

Probably shouldn't have told them I bought the house , as they had no Idea when I applied for my council tax exemptions!

Buzby

The way things are going, it will cost X2 if you DON'T live in the place. In a similar situation, I got zero rated for 6 months, then a discretionary 6 month extension to this, making it a year. However once used up that's the end of the discount - all you can then do is seek single occupancy and get 25%

If the previous owner took the zero rating, you cannot apply for it again, only the balance of the 12 months.

CIS

VT's often come up with odd decisions so its not 100% they'll find against you. ( I have even known them ignore legislation to make a decision !)