Double council tax

lincroft1710

GillyattSumnerHouse said:

You have my sympathy, I have the same problem except that the property isn't even capable of being brought back into a habitable state. I am now reluctantly resigned to paying 200% until such time as I can sell the land on which the property stands. 

Can you be very specific about the reasons why the property cannot be brought back into a habitable state?

In certain circumstances if a property is no longer capable of being used a dwelling, then the Valuation Office Agency may remove it from the Council Tax Valuation List

Jinyuk

CIS said:

Slightly different query CIS but as you’re ex job could I ask, where a council has decided a policy to set a penalty charge on properties empty for two or more years. Should this policy also be reflected in the policy on empty properties?

I still am to some extent, the difference is I know take cases against councils.

My thinking is that the penalty of increased council tax as identified due to the property being empty and the existence of the policy would suggest that penalty has been issued in contradiction of the policy. Whilst I know you can’t appeal the level of council tax to the ombudsmen surely this would equate to a breach or policy and can therefore be appealed? 

You’re probably going to argue they are separate and therefore not, or that it’s not a penalty it’s a discount of 150% 😂

They are two entirely separate pieces of legislation and there's no requirement to form any link between the two.

Any policy used to make a determination would need to be take to judicial review.

Thanks for coming back to me, I know the legislation allows the councils to pretty much run roughshod over the public they serve and sometimes genuine people are penalised for this approach. I have to acknowledge that not every case is such and I know I’m biased but I’ve also a lot of experience dealing with policy documents and legalities. 

My premises is this, where an organisation identifies a policy that places an obligation to conduct themselves in a specific manner then they can and should be held to account when they don’t. In my partners case the policy clearly identifies their policy and outlines their obligations in relation to empty properties which they haven’t adhered too. 

For example, the policy states they will engage with owners to identify the reasons the property is empty, they will also apply a risk assessment that will guide the council on the action they should take. None of which has been adhered to. I know legislation wise the council can apply the penalty, however, the policy is supposed to be the frame work they adhere to employ the legislation. 

My partners still waiting to here what the council decision is in relation to work she’s had some etc but I think it’s still worth a referral on to the ombudsmen one that basis. Hell, I know in my job regardless of the legislation, if we haven’t stuck to the policy we’re hung out to dry. 😂

Jinyuk

GillyattSumnerHouse said:

You have my sympathy, I have the same problem except that the property isn't even capable of being brought back into a habitable state. I am now reluctantly resigned to paying 200% until such time as I can sell the land on which the property stands. 

At face value that seems complete madness but I’m sure unlike my partners case the council have tried to engage with you? Maybe you could give us some more of the background and we can both squeeze CIS for info 😊

CIS

GillyattSumnerHouse said:

You have my sympathy, I have the same problem except that the property isn't even capable of being brought back into a habitable state. I am now reluctantly resigned to paying 200% until such time as I can sell the land on which the property stands. 

Unfortunately that is not particularly an issue for the council - as long as the property is shown in a valuation list then council tax is due and a premium can be applied.

If a property is not habitable and cannot be brought back in to a habitable state then you're best off going to the valuation office and asking that it be removed from the valuation list. If that happens then council tax is no longer due.