Council Tax on empty property

Hi There

My parents recently moved into a new area. Their Tenancy started a week before they moved in. They have now had a letter from the Council saying that they owe Council Tax from the date that the Tenancy had started. They were given the date by the Housing Association.
I was always under the impression that if a house was empty and Unfurnished for a short time you wern't liable for the Council Tax.

Any advice would be gratefully appreciated

Donna

Comments

  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Council's assumption is that you move in immediately that you are granted tenancy and are therefore expected to pay tax from that date. It is up to you to inform the council if different.

    You say that your parents moved inb a week later. If that week was spent moving furniture etc then the council may take the attitude (as was my case) that although not habitable (beds were still in the old house), it was not empty & levy a 50% tax for the period.
  • donnalou
    donnalou Posts: 498 Forumite
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    Thanks !!!!!!

    My Mum did tell them when they moved in But the Housing assocation told them the Tenancy date. The Council then Told my Mum that they have to pay from the Tenancy date and not the moving in date
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Apply for a Class C exemption for the proeprty being unfurnished - we tend to award them pretty much as a matter of course in circumstances like this.
    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.
  • donnalou
    donnalou Posts: 498 Forumite
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    I've spoken to Council and they have to pay because the house was empty for 6 months previous. Its typical a shabby Housing association leave the property empty for over 6 months so my Mum and Dad who are both in their 70's by the way are liable for Council Tax on that property as well as their old home I know it was only for a week but £30 is £30
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    whilst the property was empty and unfurnished after a class C exemption then a zero occupancy rate should be awarded for an indefinite period until the property is occupied. Has the council awarded this ? -
    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.
  • donnalou
    donnalou Posts: 498 Forumite
    First Post First Anniversary Combo Breaker
    No, Council are saying its not an indefinate period only a max of 6 months. After that the owner/occupier must start paying the council tax
  • teeni
    teeni Posts: 1,193 Forumite
    class c can only last for maximum of six months, however if the property is still empty you should be able to apply for an occupancy discount of 50% for the week.

    the exemption goes on time empty irrespective of how many tenants during that time.

    Teeni
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