Paying two lots of council tax

littlerock

I am having to move into temporary accommodation while my house is repaired. (It suffered severe water damage due to a major fire at neighbours property.)

The insurers says that my temporary accommodation allowance does not cover the council tax in my temporary accommodation. The council says that unless my house is dis-banded I remain liable for the council tax even if it is uninhabited while it repaired.

So after falling victim to someone elses fire, I end up paying two lots of council tax. (And it is not cheap in my area.)

AdrianC

If it's uninhabitable, does it meet the VOA dis-banding requirements?
https://www.gov.uk/government/publications/council-tax-domestic-properties-in-disrepair-or-derelict

gov.uk wrote:

4.2 Renovation and structural alteration
Where the works are more substantial, including structural alterations, major renovation or other alterations, (which result in the property being incapable of occupation), then the band may be deleted. In these circumstances the works would result in a property of a different character from the old one it replaces. Such works will be of a much greater scale than normal repairs, and often carried out to a different specification to the original. Significant reconstruction must make it impossible to live in any part of the property for the band to be deleted.

If so, there's no CT to pay on it.
If not, then presumably you think the insurer should be paying the CT on your temporary accommodation? What do the policy Ts & Cs say?

need_an_answer

In your situation if the property cant be classed as uninhabitable I would be putting the cost to the insurance company as an expense that you are having to cover as a result of what must be an ongoing claim.

I would expect you to be able to claim either one set of council tax payment back from the insurance company or the difference between the total new amount you are being asked for minus your usual amount.


You should not be out of pocket for something that you have simply become embroiled in through circumstance

CIS

The voa will not remove a property unless it is completely uninhabitable - if it has 4 walls and and it relatively watertight then it's unlikely they'll remove it.


The council are right in that you do remain liable - liability just means that your name is on the demand notice (whether that be a nil bill or not).


For an uninhabitable property these days the decision on the rate of discount is delegated to the local authority - the Class D discount. Most councils set the Class D discount to 0%, i.e. a nil reduction.


You need to go down the route of claiming any additional charge via the insurance.

littlerock

Yes it seems that it is pretty much impossible to get off the council tax while you remain the owner, irrespective of reason, unless property is completely derelict. This will not apply to just me. Think of all the people with water damage from flooding. If the water has receded they will have to pay their council tax even if they cannot live there. And on their temporary property too.

CIS

littlerock wrote: »

Yes it seems that it is pretty much impossible to get off the council tax while you remain the owner, irrespective of reason, unless property is completely derelict. This will not apply to just me. Think of all the people with water damage from flooding. If the water has receded they will have to pay their council tax even if they cannot live there. And on their temporary property too.

For major flooding damage the council can designate it for a full discretionary discount under s13A(1)(c) of the LGFA 1992 - they are encouraged to do so and usually receive some funding to assist.
You can make a discretionary application under s13A(1)(c) of the LGFA 1992 - this can be appealed to the valuation tribunal.