Council Tax: how many nights can I stay in an exempt empty unoccupied home?

Siobhan203

Hi,
My father has gone into a residential care home and we have declared his house empty as it is no longer occupied by him (he was the sole occupant) in order to claim an exemption of council tax in a desperate bid to reduce his outgoings in order to pay for his care.

The house is being checked on every few days to collect post etc. Most bills and utilities have been cancelled, with the exception of gas, electric, water, and a phone line.

Our family is quite spread out around the country and as such, when they visit him they intend to use the empty house to sleep in.

Question: how many days/nights can one stay at a house that has been classified as empty (but furnished)? Are there any set rules on this? I've read somewhere that it's up to 30 days, but I'm looking for clarification. It is a rural area and we would obviously like to avoid booking expensive hotels outside of the area in order for us to visit him, if possible.

Thanks in advance for your help!

[Deleted User]

How come the house is not being sold to pay for his care?

What justification can there be for gas, electricity, water and a phone line to still be connected if you are claiming the house is empty for Council Tax purposes? All these utilities need to be cancelled immediately if you are truly "desperate" to reduce his outgoings.

As to staying at the house while "visiting", I'd imagine your local council would take a very dim view of any extended stay when the house has been declared empty especially if it is apparent heating, light and water are still available at the property.

Anyone staying at the house is risking the Council Tax being reinstated, backdated to when the house was claimed empty.

CIS

My father has gone into a residential care home and we have declared his house empty as it is no longer occupied by him (he was the sole occupant) in order to claim an exemption of council tax in a desperate bid to reduce his outgoings in order to pay for his care.

Presumably the Class E exemption for him being in a care home.

The property for these purposes must be an 'unoccupied dwelling' , which is "a dwelling in which no one lives". The issue here is that a) the term 'lives' is not defined and b) there is no 6 week occupancy exception as there is for some exemptions.

It is unlikely that a temporary stay whilst visiting, for a short period, would be regarded as 'lives' for the purposes of the exemption but as there is no actual definition for council tax purposes then each case would need to be looked at.

[Deleted User]

CIS wrote: »

It is unlikely that a temporary stay whilst visiting, for a short period, would be regarded as 'lives' for the purposes of the exemption but as there is no actual definition for council tax purposes then each case would need to be looked at.

Personally I'd be loathe to risk any occupancy, even short term, especially in a dwelling which is still fully connected to all the main utilities...

Exodi

Siobhan203 wrote: »

utilities have been cancelled, with the exception of gas, electric, water, and a phone line.

Out of interest, what utilities have you cancelled?

Rainbowgirl84

Moneyineptitude wrote: »

Sky TV presumably?

Netflix and Amazon stuff too perhaps?

Siobhan203

Hello,
Many thanks for your feedback.

Regarding the cynicism from some contributors, this has all been deeply upsetting for everyone involved and as I'm sure you will appreciate, when a family is dealing with the trauma, upset and worry of a gravely unwell parent and the upsetting events leading up to the difficult decision and guilt felt when deciding to put them into care (when they don't want to go into care) and has no experience of this and is divided (some family wanting him to come home to die), it's it all baby steps. The house will get sold. Utilities and services span everything from running water to insurances and the basic ones that have been kept do date have been so that the house can be kept on a frost-free setting so the house doesn't fall into ruin - as well as delays on others due to power of attorney etc. We haven't known what to do because it's all new. Jibes about Netflix etc are not relevant because he lived a modest life, but they are insensitive during this difficult time.

Following on from CIS's helpful advice, I contacted the local council and they were very happy and understanding, citing that they expect families to want to check the house for mail and keep the garden nice etc to not advertise the property as vacant for potential burglars and is necessary for if and when the house goes on the market to pay for care.
They also said that they understand that families live far apart and would not object to short stays for visits, providing that he was the sole occupant of the house and that the family staying there are registered as permanent residents elsewhere. It boils down to what is considered "living there"- and they are their guidelines. Temporary visits (I was assuming one night but the advisor said a week) are fine.

I do hope this information is helpful for those seeking advice on this matter and it's always worth checking with your local council as I read on some forums that some councils are happy to let family stay for up to 30 days, some others not at all - so it's always worth talking to the local council and asking for their advice, as they will all have different interpretations and guidelines as to what classes as living there, as CIS helpfully pointed out.

Hope my findings have been useful to anyone who might be faced with this situation and thanks for your contributions - all of them caused me to ring the council to check - so thank you.

Dymphna60

Good if you to return Siobhan203 to leave helpful information re council tax . I doubt you will be back though .
As the warning says it’s a public forum anyone can post and sadly for every person who gives helpful good advice there are plenty more who sneer , mock and choose to make childish jokes in threads where the OP is in a horrible and desperate situation .
It would take a brave person to ask for advice who has taken some time to read through a dozen or so posts .

Owain_Moneysaver

Moneyineptitude wrote: »

What justification can there be for gas, electricity, water and a phone line to still be connected

The obvious reasons are (a) so the number isn't lost immediately and callers can leave a message which a family member will pick up when they check the property; and (b) so a burglar alarm can phone out when activated.

Also, they may be within a minimum contract period with penalties for ceasing early which mean there would be no worthwhile saving.

Alternatives are (a) port the number to a VoIP service and get messages forwarded by email; and (b) a burglar alarm with a GSM (mobile phone) dialler.

[Deleted User]

Siobhan203 wrote: »

Regarding the cynicism from some contributors, this has all been deeply upsetting for everyone involved and as I'm sure you will appreciate,

While I do very much understand and fully appreciate this, you seemingly contradicted yourself in the original post by stating that you were "desperate to reduce his outgoings" and had cancelled "all bills and most utilities", but then going on to say that all the major utilities were still very much in place.

Siobhan203 wrote: »

Jibes about Netflix etc are not relevant because he lived a modest life, but they are insensitive during this difficult time.

My tongue-in-cheek comment about Sky was more aimed at people who think that PayTV is a utility rather than any jibe at your relative. No offence was meant and I certainly didn't expect others to repeat my remark.

Siobhan203 wrote: »

they understand that families live far apart and would not object to short stays for visits, providing that he was the sole occupant of the house and that the family staying there are registered as permanent residents elsewhere. It boils down to what is considered "living there"- and they are their guidelines. Temporary visits (I was assuming one night but the advisor said a week) are fine.

That is useful information. Thanks for returning to clarify. Wise of you to seek the Council's permission for these short stays prior to actually doing it.