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Council Tax Exemptions......Help!

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Hi,

I wonder if anyone here can offer some advice, and Im really asking on behalf of my parents.

My parents used to live on a boat, well, they lived on a boat which was moored, and had only lived there for about 6 months, until after which time both my parents became seriously Ill and could no longer live on there. My dad had a stroke first, which sadly left him disabled, so living on the boat is no longer an option for him. About two months after my dad had his stroke my mum fell seriously ill and was diagnosed with cancer. She was in hopsital for about a month before she was stable enough to leave, but never returned to the boat as the cancer and chemo treatment made her very weak. Fast forward two years, and both my mum and dad are living in a house, with my mum being my dads carer, and both are coping as well as they can.
For just over two years, my mum has been paying full rate council tax on the boat. The house she lives in at the moment she receives a council tax discount on, because of my dads disability. My mum phoned our local council (medway) and spoke to someone on the phone, to ask about wether or not she had to pay full rate council tax on the boat, as neither of my parents can live on it and its not occupied. They told my mum she would still have to pay full rate on the boat council tax, and fast forward a couple of days later, they even sent her an unoccupied property fee on the boat that had to be paid with council tax as well. My mum called again and made an appointment with someone at the council office, and was told again, that yes, she still has to pay full council tax on the boat. She was advised to phone the land registry and get the boat removed from it, but when she did she was told it was a council matter and not the land registry's responsibility. My mum is looking to sell the boat eventually, but where my dad has been left the way he is, and the amount of work my mum has to do in light of that, these things are a slow process. Any advice would be greatly appreciated!

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 May 2019 at 4:29PM
    louize1983 wrote: »
    Hi,

    I wonder if anyone here can offer some advice, and Im really asking on behalf of my parents.

    My parents used to live on a boat, well, they lived on a boat which was moored, and had only lived there for about 6 months, until after which time both my parents became seriously Ill and could no longer live on there. My dad had a stroke first, which sadly left him disabled, so living on the boat is no longer an option for him. About two months after my dad had his stroke my mum fell seriously ill and was diagnosed with cancer. She was in hopsital for about a month before she was stable enough to leave, but never returned to the boat as the cancer and chemo treatment made her very weak. Fast forward two years, and both my mum and dad are living in a house, with my mum being my dads carer, and both are coping as well as they can.
    For just over two years, my mum has been paying full rate council tax on the boat. The house she lives in at the moment she receives a council tax discount on, because of my dads disability. My mum phoned our local council (medway) and spoke to someone on the phone, to ask about wether or not she had to pay full rate council tax on the boat, as neither of my parents can live on it and its not occupied. They told my mum she would still have to pay full rate on the boat council tax, and fast forward a couple of days later, they even sent her an unoccupied property fee on the boat that had to be paid with council tax as well. My mum called again and made an appointment with someone at the council office, and was told again, that yes, she still has to pay full council tax on the boat. She was advised to phone the land registry and get the boat removed from it, but when she did she was told it was a council matter and not the land registry's responsibility. My mum is looking to sell the boat eventually, but where my dad has been left the way he is, and the amount of work my mum has to do in light of that, these things are a slow process. Any advice would be greatly appreciated!


    An occupied pitch (that is one with a boat or caravan) is chargeable for council tax but, where the actual boat/caravan is unoccupied & not expected to be a 'sole or main residence' in the future then it should not be banded.

    I had a couple of similar client cases to argue last year on caravans (which work the same way) and it can be a pain (both ended up in argument of legislative points). The council tax side is dealt with by the council but the banding side by the Valuation Office Agency (VOA). The council can't do much overall until the VOA move first as it relies on the VOA to make the adjustment.


    There may also be arguments that can be made to reduce the council tax charge retrospectively but it would require a full look at the circumstances to see if a discount or exemption would be applicable. It all depends on the exact time-line of events.
    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.
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    However if was decided that the boat was no longer someone's residence, the mooring becomes rateable and non-domestic rates become payable. If the mooring is in (e.g.) a marina, then it becomes part of the marina's rating assessment. If it is a standalone mooring then the occupier (boat's owner or whoever is entitled to occupy the mooring) will be liable for paying the rates.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 May 2019 at 5:54PM
    My parents used to live on a boat, well, they lived on a boat which was moored
    What happened to the boat/mooring ?

    If the mooring was unoccupied (i.e. no boat) and it had not been decided it would cease to be residential when next used then a council tax exemption could then apply as long as it remained in the valuation list.
    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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