Fine From Cannock Council For Empty House

maxtorathome

[FONT=&quot]I am sorry if this is in the incorrect area on the forum as i could not see a specific area to post [/FONT]
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[FONT=&quot]We did notify the council about 12 months ago when the tenant left and it has been empty ever since during a renovation [/FONT]
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[FONT=&quot]After 3 months we were told that we would have to pay the full Council tax. This we set up on DD and have paid it every month.[/FONT]
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[FONT=&quot]We Received a letter from the Council this week telling us that because have not confirmed that the property is still empty by reply to a previous letter asking if our house was still empty…. we have incurred a £70 fine added to our council tax.[/FONT]
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[FONT=&quot]The only letter we ever had from the council previously to our knowledge was asking if our house was still empty and if we had considered renting it out as there was a shortage of property’s in the area.[/FONT]
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[FONT=&quot]We never received or noticed any legal demand stating we had to respond or we would be fined £70 [/FONT]
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[FONT=&quot]As i say we have been paying full council tax now for 8 months, so i am completely lost as to how i can get a fine from a letter asking us if our house was will empty ?[/FONT]
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[FONT=&quot]We now have to file a claim back to the council to get the fine removed and this will only happen if we have a valid reason for not responding to the request if the house is still empty [/FONT]
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[FONT=&quot]Is this correct can the council just fine you when your house is empty with no legal warning you will be fined .[/FONT]
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[FONT=&quot]I pay all my bills on time and i do not understand how I am able to receive a fine for something i was totally unaware of [/FONT]
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[FONT=&quot]I could fully understand if i was on a reduced council tax or claiming something but I pay the full Council tax the same is if i am living there [/FONT]
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[FONT=&quot]Has anyone else ever had this experience [/FONT]
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[FONT=&quot]Is this correct i can just be fined via a letter I never received or did not see any legal requirement for.[/FONT]
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[FONT=&quot]Thank you in advance for any advice / feedback [/FONT]
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[FONT=&quot]Richard[/FONT]

G_M

Yes they can - housing is in short supply and councils can take action on properties left empty.


Your defense is obviously

a) you never received the letter and
b) the property has been un renovation


Do not delay - you don't want this escalated to debt collectors (and additional fees).


Be honest but clear.

maxtorathome

Thanks for your Reply,

I dont think it will end up with any debt Collector as it has just been addeed to my Council Tax Bill and we pay that anyway,



I still do not Understand why as a law abbiding working class person i should get a fine from the council



If the letter had been recived or clear i would be fined i am sure i would have notified them.



Thanks Anyway



I guess the motto is if you want something, just fine the person who is not actually doning annthing wrong and working to pay the bills.

CIS

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We Received a letter from the Council this week telling us that because have not confirmed that the property is still empty by reply to a previous letter asking if our house was still empty…. we have incurred a £70 fine added to our council tax.

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[FONT=&quot]It's not a fine it's a council tax penalty (fines can only be issued by the court). [/FONT][FONT=&quot][FONT=&quot]The standard way to treat the penalty is to add to to the council tax bill and not treat it as a separate charge.[/FONT][/FONT]
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[FONT=&quot]There are specific methods for disputing the penalty. The rules on service are quite specific but, if it was sent correctly by the council then the onus would be on you to show it was not received


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[FONT="]The only letter we ever had from the council previously to our knowledge was asking if our house was still empty[/FONT]

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[FONT=&quot]This may well have been the notice they are referring to in respect of you not having responded but that doesn't mean they are correct - many penalty notices are issued on an incorrect basis (legislatively speaking). A lot depends under which specific regulation the penalty was issued - it should be either regulation 3,11,12 or 16. What exactly does the letter say ?[/FONT]
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We Received a letter from the Council this week telling us that because have not confirmed that the property is still empty by reply to a previous letter asking if our house was still empty

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[FONT=&quot][FONT=&quot]Is there any discount (even a 0% one) in place at the moment on the account ?
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G_M

maxtorathome wrote: »

I still do not Understand why as a law abbiding working class person i should get a fine from the council

Your working class credentials don't entitle you to special treatment!


And if you have contravened the law relating to empty properties, then you are not law abbiding....


The council is doing a good job (in general) in attempting to get all available housing into use. You can hardly have missed the news that we have a housing shortage.


The issue here is whether they did indeed send the letter they claim you ignored, or whether they sent it to the wrong address, or perhaps never sent it.


And that is what you should be discussing with them, not your indignation over being penalised for keeping a much-needed property off the market on the grounds of your class roots!

CIS

It should always be remembered that Council Tax is aimed at tax collection, it's not aimed at being friendly to the tax payer.

maxtorathome

[FONT=&quot]The Letter I have Received "Empty Homes Review" on my second property [/FONT]
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[FONT=&quot]"You have been advised that is this form is not returned in 21 days of issue a £70 will be added to your account"[/FONT]
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[FONT=&quot]"As you have not responded to the previous letter £70 Has been added to your account"[/FONT]
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[FONT=&quot]The penalty will not be removed unless you have a reasonable excuse" [/FONT]
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[FONT=&quot]How can i prove i did or did not receive the letter?[/FONT]
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[FONT=&quot]If i did not receive the letter then how could i avoid this Penalty?[/FONT]
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[FONT=&quot]The logic should be if i pay the full tax on the property by DD i would have no reason to incur a £70 Penalty, [/FONT]
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[FONT=&quot]why would i not have returned the letter if i had received it.[/FONT]
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[FONT=&quot]Thanks Richard [/FONT]

mattyprice4004

The answers you need are above - housing stock is in short supply, so it's a penalty for leaving it empty.

maxtorathome

[FONT=&quot]Thanks G_M [/FONT]
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[FONT=&quot]Just to confirm a point [/FONT]
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[FONT=&quot]I am not keeping a much-needed property off the market, [/FONT]
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[FONT=&quot]I am self-renovating it, [/FONT]
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[FONT=&quot]My Grandad built the House many years ago and it has been in our family since. [/FONT]
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[FONT=&quot]Following the last Tennant leaving and the condition it was left in every time i rented it out i decided to completely renovate it.[/FONT]
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[FONT=&quot]Every room is Stripped back to brick and the old central heating removed.[/FONT]
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[FONT=&quot]Slowly i am putting it back together. [/FONT]
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[FONT=&quot]Its all done my myself at weekends so is hard work and time consuming.[/FONT]
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[FONT=&quot]I keep getting letters from the TV Licensing ( Do i have a TV License ) [/FONT]
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[FONT=&quot]No i still do not have one[/FONT][FONT=&quot], But again you feel like you are a criminal especially when you read the letters sent despite telling them some time ago it was empty[/FONT]
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[FONT=&quot]Will i ever rent my house again[/FONT]
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[FONT=&quot]Not a hope......[/FONT]
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[FONT=&quot]But thank you for your Reply [/FONT]
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[FONT=&quot]Regards [/FONT]
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[FONT=&quot]Richard [/FONT]

[Deleted User]

You have an empty property that in a year has not been prepared for rental.

The council sent you an initial letter chasing up the fact that it was empty, then another you say you haven't received.

You are still saying 'I pay my council tax so can't be fined, this can't be legal' ignoring their strong hints that you have to move on to justifying why you didn't respond to their second letter.

Or you could put this down to the costs of having an empty property. Write to the council explaining why it is empty (they may be able to assist with grants/advice). Or decide its too much hassle and let them know you are selling it. They just want you to engage with them.., as already explained, there is a shortage of houses and excess of people needing to rent properties. Councils would not waste their time doing this unless there was a need.

I am afraid, whether you agree with it or not, it has to be dealt with.

Having just read your recent post, I am afraid you need to tell them what is going on.

maxtorathome

I do not think it is



I think it is becasue i did not reply to a letter i did not get


No one can live in it as it is gutted back to Brick in evey Room