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Council tax after probate

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I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
Class F exemption
"A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
So if no sale in 6 months i am liable, even if it is unoccupied.
Any avice appreciated, thanks

Comments

  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    vision2009 wrote: »
    I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
    It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
    Class F exemption
    "A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
    So if no sale in 6 months i am liable, even if it is unoccupied.
    Any avice appreciated, thanks

    I'm not sure what advice anyone can offer apart from try to sell it within six months.

    Lots of councils now charge 100% council tax to houses that are empty.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Class F exemption is set in legislation so must be applied, it's not a reduction over which a local authority has discretionary powers. After the Class F ends local authorities have delegated powers over the discount.

    If legal ownership has transferred then the Class F exemption should no longer apply.

    Craig
    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.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    get the process of selling done sooner, and delay probate application but watch out if any IHT due.

    if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks.
  • vision2009
    vision2009 Posts: 169 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks you for replys. Estate will be less than £325k so no IHT i believe.
    Getmore4less "if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks."

    Can you tell me what is EA? thanks
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    estate agent.
  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    Estate agent?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    vision2009 wrote: »
    I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
    It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
    Class F exemption
    "A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
    So if no sale in 6 months i am liable, even if it is unoccupied.
    Any avice appreciated, thanks
    The only answer is to get the property up for sale ASAP. The executors may need some encouragement to get a move on as well.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    vision2009 wrote: »
    Thanks you for replys. Estate will be less than £325k so no IHT i believe.
    Getmore4less "if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks."

    Can you tell me what is EA? thanks

    Where you left the actual property in the will or an amount of monies which the estate are raising by selling the property ?

    Craig
    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.
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