Buying an empty property

3card

Hi All

Hope someone can advise

My daughter purchased a property on 6th September that as been empty for 6 years (according to the neighbours) and is in the process of decorating and fitting a new kitchen so she can move in within the next 2 weeks.

She has now received the council tax bill for the property and this includes a figure for a 50% extra cost due to the property being empty on top of her standard council tax charge for the remainder of the year

She has queried the 50% additional charge with the local authority today due to them only buying the property on the 6th of this month and the person that spoke to her said its because the charge is because of it being empty for more than 2 years.

My question is......is this situation correct? why is the previous owner not liable for this extra cost?

This additional charge has bumped her council tax figure up from £110 a month to £188 a month which is something she will struggle to pay being her 1st house

Thanks for any help

Mick

JournalGirl

https://www.gov.uk/council-tax/second-homes-and-empty-properties

Hmm the Gov.uk site mentions this, but seems really unfair...

Doozergirl

The previous owner was liable for that cost as well. LA's are able to attach a penalty for houses that remain empty for longer than a certain amount of time. If your daughter is telling them that the house is still empty then they continue to apply the penalty because, in the real world, albeit not in land of common sense, it is still empty.

Your daughter is better off telling them that she 'occupied' on 6th September. There's no point trying to argue sense with some LA workers.

3card

Doozergirl wrote: »

The previous owner was liable for that cost as well. LA's are able to attach a penalty for houses that remain empty for longer than a certain amount of time. If your daughter is telling them that the house is still empty then they continue to apply the penalty because, in the real world, albeit not in land of common sense, it is still empty.

Your daughter is better off telling them that she 'occupied' on 6th September. There's no point trying to argue sense with some LA workers.

Thanks for the replies.
I am a little puzzled as to what you mean about 'the previous owner was liable for that cost as well'
Do you mean that the council can pick and choose who they will chase for the monies?

Doozergirl

3card wrote: »

Thanks for the replies.
I am a little puzzled as to what you mean about 'the previous owner was liable for that cost as well'
Do you mean that the council can pick and choose who they will chase for the monies?

No. The previous owner was responsible for the council tax and all those penalties until the day they sold it. Now your daughter owns the house and the bills from the day she bought it.

Council Tax is on a house and the house's situation. The situation of the house (ie. empty) doesn't change until someone moves in.

It's grossly unfair for the penalty to be placed on a brand new buyer working quickly to get moved in. Hence, I think she should tell them that she has occupied it. Occupied in this respect meaning 'to seize possession of and maintain control over' more than 'dwell or reside in'. Not that you explain that to the council.

moneyistooshorttomention

Surely a solicitor would pick that point up.

Presume if a solicitor failed to ensure that the vendor had signed something to say they will be paying their own Council Tax bill up to and including day before Completion Day that it would be up to the solicitor (at no extra charge to their client) to send the Council a letter making it plain that it was the vendor that was responsible until then??

I certainly hope my legal executive has, as that thought never crossed my mind of maybe having to "do battle" with the Council to make it plain that I only pay Council Tax on the property from literally the Day of Completion (which is also the day I start "occupying" the property).

anselld

As others have said just tell the Council she is occupying as main residence as of completion date and ask them to amend the bill.
Even if she declares empty for the next two weeks she will only pay the 50% extra for those weeks since completion.

Davesnave

moneyistooshorttomention wrote: »

Surely a solicitor would pick that point up.

Presume if a solicitor failed to ensure that the vendor had signed something to say they will be paying their own Council Tax bill up to and including day before Completion Day that it would be up to the solicitor (at no extra charge to their client) to send the Council a letter making it plain that it was the vendor that was responsible until then??

It's nothing to do with solicitors failing to ensure anything. It can be assumed that the vendor is liable to pay CT until the date of completion, simply because they are.

Doozer's adivice is spot-on.

maas

I was aware of the "empty property premium" but I always thought that it was reset when the property changed hands. So thats news to me!

However can you simply state that you are living in their from day 1 and just pay the normal rate (+ the single person discount if applicable)?

3card

Davesnave wrote: »

It's nothing to do with solicitors failing to ensure anything. It can be assumed that the vendor is liable to pay CT until the date of completion, simply because they are.

Doozer's adivice is spot-on.

Thanks again for all the replies

I did suggest to my daughter yesterday that she speaks to her solicitor and see what they say - i havent spoken to her since
I only suggested this because i would have thought this was a matter that should crop up as part of the service and at least buyers advised of this change

My experience with solicitors is that they 'assume' nothing and all matter are confirmed in writing

Davesnave

3card wrote: »

Thanks again for all the replies

I did suggest to my daughter yesterday that she speaks to her solicitor and see what they say - i havent spoken to her since
I only suggested this because i would have thought this was a matter that should crop up as part of the service and at least buyers advised of this change

My experience with solicitors is that they 'assume' nothing and all matter are confirmed in writing

I would check the 'reset' point raised by maas, but with the council, not the solicitor. Why go through a third party over something where the rules will be straightforward and universal?

I may have been lucky, but I've always found council rating departments helpful and fair. After all, the people who work in them have no vested interest. When I had an overpayment problem through owning one property and living in another, a refund was arranged without drama with one phone call.

Wish I could have said the same of TV licencing!