Council Tax when moving into deceased parents property?

My Mother recently passed away and her unoccupied property is currently exempt from council tax for a period of six months from the date I received probate.

I live within the same borough, I pay council tax, and my home is in the same council tax band as my Mothers former home.

My question is, if I decide to sell my home and move into my Mum's house within the 6 month exemption period, will I only ever pay council tax on one property?

The council tax guides I've read say that a deceased person's home is exempt from council tax for 6 months "whilst it is being sold". If I decide not to sell it but move into it myself, will the council turn around and say the exemption is now invalid because the property has not been sold, and I now owe council tax on it from the day my Mum passed away?

Thanks for your advice

Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    vonsworld wrote: »
    My Mother recently passed away and her unoccupied property is currently exempt from council tax for a period of six months from the date I received probate.

    I live within the same borough, I pay council tax, and my home is in the same council tax band as my Mothers former home.

    My question is, if I decide to sell my home and move into my Mum's house within the 6 month exemption period, will I only ever pay council tax on one property?

    The council tax guides I've read say that a deceased person's home is exempt from council tax for 6 months "whilst it is being sold". If I decide not to sell it but move into it myself, will the council turn around and say the exemption is now invalid because the property has not been sold, and I now owe council tax on it from the day my Mum passed away?

    Thanks for your advice
    You should not have to pay untill you move in. However you need to
    enquire with the Council about the tax on your current property.
  • Crabapple
    Crabapple Posts: 1,573 Forumite
    The deceased exemption will cease if someone is living there, it's an allowance for unoccupied properties pending sale where the owner has died.

    You'll likely find you have to pay full council tax on your own property as well even if it is empty.
    :heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls

    Slimming World ~ trying to get back on the wagon...
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    vonsworld wrote: »
    My Mother recently passed away and her unoccupied property is currently exempt from council tax for a period of six months from the date I received probate.

    I live within the same borough, I pay council tax, and my home is in the same council tax band as my Mothers former home.

    My question is, if I decide to sell my home and move into my Mum's house within the 6 month exemption period, will I only ever pay council tax on one property?

    The council tax guides I've read say that a deceased person's home is exempt from council tax for 6 months "whilst it is being sold". If I decide not to sell it but move into it myself, will the council turn around and say the exemption is now invalid because the property has not been sold, and I now owe council tax on it from the day my Mum passed away?

    Thanks for your advice

    some councils are a bit keen on trying to avoid the probate/6month exemption completely if the beneficial interest is from DOD so you need to be aware of that.

    if yours is one that is reasonable ones then you should be OK and only get charged from date of occupancy.

    if planning to sell your own house and move in then it might be worth delaying the probate application for a while till it is clear your place has sold to delay the 6 month clock staring..
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Class F exemption ceases as soon as someone becomes resident.

    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.
  • vonsworld
    vonsworld Posts: 91 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for your replies :)

    I did think about delaying probate for a while. Presumably until probate is granted the house will be in limbo and the council won't have anyone they can point the finger at to pay council tax!
  • unforeseen
    unforeseen Posts: 7,375 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    vonsworld wrote: »
    Thanks for your replies :)

    I did think about delaying probate for a while. Presumably until probate is granted the house will be in limbo and the council won't have anyone they can point the finger at to pay council tax!

    Unless it's a council as per #4
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    vonsworld wrote: »
    Thanks for your replies :)

    I did think about delaying probate for a while. Presumably until probate is granted the house will be in limbo and the council won't have anyone they can point the finger at to pay council tax!

    Te estate will be liable for any tax due and no one else is responsible like an occupier.
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