Council Tax 100% Premium HELP!!

bpj

Perhaps you already know, but you may qualify for reduced VAT rate on the refurbishment - might want to investigate this further before you rush to move in (see e.g. https://www.flowonlineaccounting.co.uk/wp-content/uploads/2015/09/ReducedRateVAT.pdf ).

mattyprice4004

A friend of mine was stupid enough to try and claim he moved into an empty house - the council found out fairly quickly, and I believe he's being prosecuted for it. 
I'll ask him tomorrow, it's a source of great amusement among my social group that we know someone this stupid.

snowcat75

Scattle18 said:

As the replys above, unfortunately the 2 year empty discount has already been used up by a previous occupier.
Also please don't just say you have now moved in to get the discount, a previous job of mine was a Council Tax and Business rates inspector, and part of my role was exactly this and checking the status of empty/occupied properties, they will 100% send somebody round to confirm.

I had an "inspector" some years ago didn't believe a dwelling was occupied, So when they turned up to view unannounced one wet cold miserable December day, I was glad to point them along a mile and half of unmade farm tracks accessible only by 4x4 and set them off on foot. I had to smile inside when what only could be described as a cold drowned rat appeared an hour and a half latter covered head to foot in mud after seeing that yes it was occupied. 

If he'd been somewhat more polite and the CC been far less of a PITA to me generally, I could have given him a lift in the truck.

CIS

For the purposes of a premium in England then s11B(8) of the LGFA 1992 requires that a property be both unoccupied and substantially unfurnished. If the property does not meet both of these criteria then the premium cannot be applied on that day - I see quite a few cases from clients regarding the premium as it seems to be regularly misunderstood.

Strictly speaking a person can be occupied without someone being resident (residence would be required for a single occupancy discount) but it's likely to turn in to a technical argument with the council if you try this route.

Milinko87

Thank you for all your replies, my husband would genuinely be moving in (not claiming we had broken up or anything) we did not want to until all the building work was carried out and completed but if that means paying double council tax we would rather he live on a building site for a couple of months. If we had known it had been empty for two years previous to us buying it (we believed the previous owner had recently died and the property had just been emptied by his family before Christmas) then I would not have asked about a discount whilst it was empty. 

We obviously do not want to mislead the council in any way and won't be doing!

Milinko87

theartfullodger said:

Milinko87 said:

Hi,

We have just bought a property and we intended keeping it empty whilst renovating, I have received a council tax bill today saying we owe the normal amount + another 100%. I have rang the council and they were not much use and I am waiting for someone to ring me back. I have discovered today the property has been empty for the past two years.

I have looked online and saw we can have it removed if we 'move into' the house. Please can anyone confirm this? I would much rather say we are living there and pay normal council tax then get a 25% discount + an extra 100% charge.

Thank you

You didn't know it had been empty for two years?? Wonder what else your "due diligence" somehow inexplicably missed?? Criminality, closure order, disputes with neighbours, unsatisfied council orders....

Im sorry but how is comment helpful with my question? I did not post on here to be judged, I posted on here for advice, which 99% of the replies have been! If you have nothing nice to say then do not say anything at all!

[Deleted User]

davidmcn said:

snollygoster7 said:

One of you move in. Don't have to be there every night, and don't have to furnish every room

I think councils are wise to the concept of a couple suddenly living in separate houses being unlikely, unless they've actually split up.

That's just silly, lots of couples live apart temporarily for a variety of reasons. It's not at all uncommon, in fact it's very common for people who work far from where their spouse lives e.g. in the armed forces or contract workers.

davidmcn

[DELETED USER] said:

davidmcn said:

snollygoster7 said:

One of you move in. Don't have to be there every night, and don't have to furnish every room

I think councils are wise to the concept of a couple suddenly living in separate houses being unlikely, unless they've actually split up.

That's just silly, lots of couples live apart temporarily for a variety of reasons. It's not at all uncommon, in fact it's very common for people who work far from where their spouse lives e.g. in the armed forces or contract workers.

Yes, of course it can be legitimate, but I wouldn't expect the council to merrily accept it without further enquiry.

We've had queries here before from people who think they can get a single person discount at each of their homes by declaring one of them to be resident at the holiday house etc.

snowcat75

davidmcn said:

[DELETED USER] said:

davidmcn said:

snollygoster7 said:

One of you move in. Don't have to be there every night, and don't have to furnish every room

I think councils are wise to the concept of a couple suddenly living in separate houses being unlikely, unless they've actually split up.

That's just silly, lots of couples live apart temporarily for a variety of reasons. It's not at all uncommon, in fact it's very common for people who work far from where their spouse lives e.g. in the armed forces or contract workers.

Yes, of course it can be legitimate, but I wouldn't expect the council to merrily accept it without further enquiry.

We've had queries here before from people who think they can get a single person discount at each of their homes by declaring one of them to be resident at the holiday house etc.

In law a main residence is hard to define, Council may assume and ask questions, but like many things local authority's do if someone really pushes them or has more clout, they tend to be exposed to the shaky framework these "rules" are often written on.

Most local authority's are measured at glacial speed, If work was being carried out its likely to be finished long before anyone inspects.
Over the years Iv had a good few planning decisions fall in my favour because the LA had acted unlawfully, or they hadn't been able to coordinate departments or  they had just run out of time to put cases forward.

So if I was the OP Id move in, and let the council attempt to prove you were not living there....  be tenacious enough and there soon get bored. 

AdrianC

Milinko87 said:

If we had known it had been empty for two years previous to us buying it (we believed the previous owner had recently died and the property had just been emptied by his family before Christmas)

These are not mutually incompatible.

Perhaps the previous owner was resident in a care home for the majority of that period?