Council tax empty property surcharge

satchmo1

Has anyone had any experience of challenging 50% council tax surcharge on an empty property?

It has taken me 2 years to sell my empty tiny terraced property, and there has been a £600+ surcharge on my CT bill. Plus they won't give me a single occupancy reduction.

I'd be very grateful to know whether anyone has challenged this tax surcharge?

FLAPJACK

Yep been there didn't get the t-shirt!

We own the terraced house nextdoor (other side of the party wall), we use the place everyday. We bought the place as an extention to our home really...and not having to move to a larger place.

Have explored the cost of "knocking through" but is pretty expensive...also it would mean we couldn't rent it out in the future, without bricking up the new doorway.

Explained to the CT office that the place is not empty....their definition of empty is that no one lives there....living there means sleeping there.

I said well in that case (tongue in cheek) the wife and I could split up and I'll live there..the answer to this was that the Council would cross reference with the utility companies to see if the bills are matching the average for the area, and see if the place has washing outside! a bit of big brother thrown in for good measure it seems.

We don't mind paying (and are doing so) the full 100% C/T but as the place isn't boarded up and is being used daily it's galling to think that just because the computer "says no" thats it.

We did say they would be welcome to come and see for themselves that are occuping the property everyday. But it was no dice.

So good luck in your quest but don't hold your breath.

lincroft1710

As there is no occupier, there cannot be a 25% single person discount. CT law permits councils to surcharge on empty property, so you have virtually no chance in mounting a successful challenge.

Buzby

If you lift up the floorboards you can get a suspension that will give 6 months up to a max of a year with no payment required, and for this they require proof of non habitation.

After the 12 months though, the full charge applies again - and some are even surcharging empty properties to discourage property squatting by owners using it as an investment vehicle.

The_Deep

While Busyboy may be correct, (he has been known to give misleading advice) I would suggest that you read the guidance here before you rip up your floorboards

https://www.gov.uk/government/publications/council-tax-empty-homes-premium

Para 6 states




The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.

lincroft1710

Buzby wrote: »

If you lift up the floorboards

Which won't work if you've got solid floors and you won't want to do if you've got fitted carpet.

Far too time consuming to contemplate.

CIS

Has anyone had any experience of challenging 50% council tax surcharge on an empty property?

You can't other than to try and persuade the council to change policy.

If you lift up the floorboards you can get a suspension that will give 6 months up to a max of a year with no payment required, and for this they require proof of non habitation.

That probably wouldn't make any difference in most areas - the criteria for the 50% premium is that the property has been unoccupied AND unfurnished for 2 years or more. Doing works on the property , in most areas, no longer gets any reduction so the premium would still apply (it would also continue to apply either side of any Class D discount which the council may still grant).

The easiest way to stop a 50% surcharge is to either have the property occupied and/or furnished.

FLAPJACK

CIS,

So you are saying if a property is furnished it will not attract the 50% extra charge?

Is this rule the same for all councils?

Cheers

CIS

So you are saying if a property is furnished it will not attract the 50% extra charge?

Yes

and

Is this rule the same for all councils?

Yes (in E & W).

http://www.legislation.gov.uk/ukpga/2012/17/section/12/enacted
Section 12(8) of the LGFA 2012.

(8)For the purposes of this section, a dwelling is a “long-term empty dwelling” on any day if for a continuous period of at least 2 years ending with that day—

(a)it has been unoccupied, and

(b)it has been substantially unfurnished.

FLAPJACK

Thanks for this.

just to be clear then the property in order NOT to attract the 50% charge either has to occupied OR furnished.......one or other or both?

My local C/T office was adament that even if my property was furnished it would in their eyes be deemed to be still unoccupied if no one actually slept in the property.

As you can see from my post (2) we use the place and it is furnished (as we have family come to stay), but telling the C/T office this didn't get us very far.

We are paying 100% C/T on the property.

The_Deep

I am puzzled, you say,


It has taken me 2 years to sell my empty tiny terraced property,

So, it has now been sold? If you have been paying CT for a year, it would seems that the council are not following the guidelines, I would pay and appeal. If they turn you down take it to the Ombudsman.