Council Tax

davy449

I have a problem. I have inherited my parents house and probate has been granted. I have received the council tax bill in from the local council where my inherited house is and they are requesting DOUBLE the amount of council tax because I already own my own house, does anyone know what my options are legally. I have not been able to visit the property since my late mother past away as I am an OAP myself and just recovering from a totally knee replacement and not to mention the minefield covid-19. I am going to make an attempt to visit the property in the coming week with a view to putting it up for sale with an estate agent. By placing up for sale will I still have to pay double the council tax or will it be the standard amount. The house is furnished but unoccupied. Please can someone help me overcome this difficulty. Thank you. 

ElephantBoy57

Each council area is different.

You may pay less Council Tax for a property you own or rent that’s not your main home.  Councils can give furnished second homes or holiday homes a discount of up to 50%. Contact your council to find out if you can get a discount - it’s up to them how much you can get.

https://www.gov.uk/council-tax/second-homes-and-empty-properties

Comms69

Ask the council why this is. I suspect though that a grace period (3-6 months unoccupied) has been used up whilst probate granted. Too late now, but helpful for others, there's no reason you cant market a property whilst probate is granted, you just cant go further

AlexMac

Worth a plea for fair treatment from the Local Council; since, as it says at
https://www.gov.uk/council-tax/second-homes-and-empty-properties

..."Empty properties; You’ll usually have to pay Council Tax on an empty home, but your council can decide to give you a discount - the amount is up to them. Contact your council to ask about a discount.

You can be charged up to double your Council Tax if your home has been empty for 2 years or more (unless it’s an annexe or you’re in the armed forces).

When you do not pay Council Tax

If you’re selling a property on behalf of an owner who’s died, you won’t need to pay Council Tax until after you get probate as long as the property remains empty. After probate is granted, you may be able to get a Council Tax exemption for another 6 months if the property is both:

• unoccupied
• still owned and in the name of the person who died..."

And if that fails, maybe ask your Mum's former Ward Councillors to lean on their Council Tax department - you can often find 'em by address and email them directly or via
https://www.writetothem.com/

oldbikebloke

is the property in Scotland - they have different rules

if England/Wales/N Ireland read on:
please confirm: a) what was the date of death and b) what was the date when probate was granted?
- until probate is granted the property remains exempt from council tax (CT) as long as it is unoccupied.
- once probate has been granted the property remains exempt for exactly 6 months from date of probate provided it remains unoccupied and unsold 
- after 6 months, the CT charged on the property depends on what the council believe its status to be:
1. "Empty" - which means it is substantially unfurnished 
2. "Second home"- which means it remains fully furnished 
3.Occupied (by you as your main home) or by someone else because it has been let or sold

In cases 1 and 2 each individual council has the power to decide how long and how much CT reduction ("discount") it will give. For example, my council gives 28 days of zero CT for an empty property. After that the CT is at the full rate. For second homes, my council does not give any reduction at all. You pay 100% from day one.

The fact you say you are being charged double can only happen when the council records the property as having been empty for more than 2 years. The law does not permit double tax before 2 years, hence "we" need to be clear on the dates and what your council thinks is the status of that property. 

If the council has accurate facts, your options are sell up or pay double. There are no other alternatives.
If the facts are wrong, eg the property remains furnished and therefore is not "empty", then they cannot charge double, but they can charge the full CT rate with no discount off it if that is their policy as then it is your "second home" irrespective of whether you have ever set foot in the place or not..

MovingForwards

If you transferred the property into your name that was the mistake as it's treated as a second home.

Even though a will states you inherited the house you / the executors could sell it without transfering it to your name and you receive the remaining money from the sale.

Which county is the property in as the local council will say what the deal is with council tax.

CIS

davy449 said:

I have a problem. I have inherited my parents house and probate has been granted. I have received the council tax bill in from the local council where my inherited house is and they are requesting DOUBLE the amount of council tax because I already own my own house, does anyone know what my options are legally. I have not been able to visit the property since my late mother past away as I am an OAP myself and just recovering from a totally knee replacement and not to mention the minefield covid-19. I am going to make an attempt to visit the property in the coming week with a view to putting it up for sale with an estate agent. By placing up for sale will I still have to pay double the council tax or will it be the standard amount. The house is furnished but unoccupied. Please can someone help me overcome this difficulty. Thank you. 

Are you in England, Wales or Scotland as it makes a big difference to the situation regarding the premium as it's different in each country - there may or may not be option which can mitigate the charge.

if England/Wales/N Ireland read on:

Northern Ireland doesn't have council tax. The premium system in England and Wales is different in how it works between the two countries.