Urgent Advice On Council Tax Please

kevq

Hi all,

I was wondering if there was anyone around who can help me please. My partner and I are currently going through the process of purchasing a house, we currently rent. Anyway, long story short, because of a number of reasons, we're having to move into my granddad's house for a short period whilst the sale completes.

My granddad passed away a couple of months ago, so the house is empty, and my mother is now the legal owner following the reading of the will. However, my mother and stepdad live very close to the breadline, with my mother working only part time, and my stepdad being disabled.

My mother is EXTREMELY concerned that when we move into my grandad's old house, that what little benefits they get will be cut, due to the fact that we're moving into the property, and it could be deemed as another income. Even though we're not paying any form of rent.

If anyone can please provide advice on where my parents stand on all this, I'd be extremely grateful. I've never claimed benefits myself, so it's all a completely new to me. We just want to be reassured that my mother's small benefits won't be affected, or if they will be, what can we do about it?

Thanks ever so much,

Kev

alchemist.1

How will it be another income if you're not paying anything?

You will have to pay the full rate of council tax for the period you are living in the house (in case your mother was receiving a discount for it being unoccupied).

pmlindyloo

kevq wrote: »

Hi all,

I was wondering if there was anyone around who can help me please. My partner and I are currently going through the process of purchasing a house, we currently rent. Anyway, long story short, because of a number of reasons, we're having to move into my granddad's house for a short period whilst the sale completes.

My granddad passed away a couple of months ago, so the house is empty, and my mother is now the legal owner following the reading of the will. However, my mother and stepdad live very close to the breadline, with my mother working only part time, and my stepdad being disabled.

My mother is EXTREMELY concerned that when we move into my grandad's old house, that what little benefits they get will be cut, due to the fact that we're moving into the property, and it could be deemed as another income. Even though we're not paying any form of rent.

If anyone can please provide advice on where my parents stand on all this, I'd be extremely grateful. I've never claimed benefits myself, so it's all a completely new to me. We just want to be reassured that my mother's small benefits won't be affected, or if they will be, what can we do about it?

Thanks ever so much,

Kev

See bolded part.

The first thing is that the 'reading of the will' (actually there's no such thing!) doesn't make your mum the legal owner of the will.

Who is the executor of the will? Has probate been completed? Until the legal paperwork has been done then the property remains part of your grandad's estate.

UNLESS the house was already in your mum's name?

So, please clarify.

Plus, how long will you be going to live there for and what does your mum intend to do with the property?

noh

Surely if your mother now owns what was your Granddads house and is not living there then she is not entitled to means tested benefit. Extra income won't make any difference.

kevq

@pmlindyloo - My mother was/is the executor of the will. According to her solicitor, she is now the legal owner of the property. They said (and I'm paraphrasing here) that int the eyes of the law, she is now my granddad. So of his estate is now hers.

My mum intends to sell the property once probate has completed (it's currently on-going). We will only be there for a few months. That's why we've gone for this option, rather than taking out a lease on another property.

I'm not a legal eagle by any means, I'm just going on what I've been told. So please excuse my ignorance.

@noh - I have absolutely no idea. As I said in the original post, I know nothing about benefits. I'm just hoping people who know a lot more about this kind of thing than me, will be able to offer some advice.

Thanks all.

kevq

alchemist.1 wrote: »

How will it be another income if you're not paying anything?

You will have to pay the full rate of council tax for the period you are living in the house (in case your mother was receiving a discount for it being unoccupied).

Exactly my point. But she seems to think that this won't be the case. She seems to think that because we have no tangible way of actually proving that I'm not paying anything (as I could just give her cash) then they with air on the side of caution and cut her benefits.

I'm fully prepared to pay the council tax whilst I'm in the property. That's what has sparked this whole debate, as I have informed the local council of the move.

pmlindyloo

There is a 6 months exemption on council tax after probate has been granted but your moving in and informing the council that you will be living there obviously makes this not an option.

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

What benefits are your parents receiving?

noh

If probate has not yet been granted then the estate is the legal owner of the property not your mother.
Rent if any would be estate income not that of your Mother. Therefore there is no problem.

kevq

What benefits are your parents receiving?

I think it's just tax credits and disability for my step dad.

@noh - I was hoping that might be th case. Thanks.

lincroft1710

kevq - on the day you and your partner move into your late grandfather's former home, you both become jointly and severally responsible for paying the council tax. From the that day until the day both of you move out, your mother's responsibility for CT on that house ceases.

alchemist.1

kevq wrote: »

Exactly my point. But she seems to think that this won't be the case. She seems to think that because we have no tangible way of actually proving that I'm not paying anything (as I could just give her cash) then they with air on the side of caution and cut her benefits.

I'm fully prepared to pay the council tax whilst I'm in the property. That's what has sparked this whole debate, as I have informed the local council of the move.

I dont think that is anything to worry about.