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Council Tax on my mum's property after she died

Hi, wondering if anyone can help. My mum died June 2012, she left a small flat in a retirement block, which has been up for sale since Jan 2013, sadly there has been very little interest in the flat. So my sister and I are now paying full council tax, plus service charges on the flat while it remains unsold.

It infuriates me that we are liable for full council tax, when no services are received. We had a discount for 6 months, but since then have to pay £130 a month for nothing. Has anyone found a way round this? Thanks for any help. Council is Devon CC.

Comments

  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 5 October 2013 at 9:32AM
    Discount is now only for 3 months with many councils and increases to 150% after two years.
    The police are keeping the area safe. The fire brigade will turn up if called. Bins will be emptied if used.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Discount is now only for 3 months with many councils and increases to 150% after two years.
    The actual situation determines the reduction:

    An unoccupied property , after the death of the owner, is exempt from council tax (Class F) until either probate is granted (then you get a further 6 months exemption) or the property ownership is transferred.

    Once ownership has transferred then most people will probably claim a Class C exemption (unoccupied and unfurnished) - this used to be capped at 6 months but it's now set on a local level. Some councils give no discount and others give 100% for 6 months, every one is different.

    The 50% premium applies only to a property which has been unoccupied AND unfurnished for a period of 2 years or more.
    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.
  • I'm new to this and can't see how to post a new thread but I'll try continuing this one.
    When my mother died she and I owned the house jointly.
    Should the house be exempt from council tax between her death and probate being granted?
  • molerat
    molerat Posts: 34,953 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who lived in the house ?
  • elmer
    elmer Posts: 939 Forumite
    Part of the Furniture 500 Posts Photogenic
    We don't give a deceased exemption if the house wasn't sole owned by the deceased. The other owner then becomes llable for the Council Tax from the day after the date of death.
  • Mum lived there and had single person discount. After her death the property was unoccupied.
  • occupant who owns half the house pays council tax until her death. After her death unoccupied property cannot be sold until probate is granted so surely should get exemption between death and probate.
  • booksurr
    booksurr Posts: 3,700 Forumite
    brekfast wrote: »
    occupant who owns half the house pays council tax until her death. After her death unoccupied property cannot be sold until probate is granted so surely should get exemption between death and probate.

    the difference in your case is that you were already a JOINT owner with mother therefore Class F is not applicable as there is no probate, you are the surviving owner and therefore simply take on 100% of the ownership automatically on her death. There is no delay needed whilst probate is granted on joint property, you are empowered to sell it immediately as you are now its sole owner therefore are unable to claim class F

    check your council for other discounts that they may give
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