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Council tax on unoccupied property

Hi,

I am emailing on behalf of my mum, I am wondering if you are able to advise us?

My mum owns a property in Swansea which is currently unoccupied. Previously Mum was paying half priced council tax on this property but now due to changes that Swansea Council have brought in she is expected to pay 100% council tax plus a further 100% premium on top. 

Whilst I appreciate that paying 100% council tax on unoccupied properties is to be expected we struggle to understand how home owners can be expected to pay double?

Paying this amount on top of council tax for the property my mum actually lives in would be a tall feat under any circumstance but her financial position has been impacted on due to the current situation and pandemic meaning paying both bills has become unachievable and a huge strain. 

Mum has previously spoken to Swansea Council regarding a grant they say is available for home owners in this position to assist them in bringing the property back to a suitable standard for it to be lived in once more, rented or sold. She was told however that due to existing debt she has she would be uneligible to apply for this. This seems very unfair and almost discriminatory, especially as the vast majority of home owners would have some debt of some sort. 

This situation is understandably creating a lot of stress and anxiety for my mum who would be happy to look into bringing the property back to a condition where by it could be rented but as it stands with the expected council tax costs and eligibility for financial support from Council she is simply unable to do so. 

Could you please advise how we can move forward or whether there is any support with challenging this situation? 

Comments

  • lincroft1710
    lincroft1710 Posts: 18,952 Forumite
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    edited 30 October 2020 at 3:44PM
    I doubt there is any legal challenge to having to pay the 100% CT Premium as the circumstances for it being charged are clearly stated here 

    https://gov.wales/sites/default/files/publications/2019-06/council-tax-on-empty-and-second-homes.pdf

    As regards a grant it, I may have misread this https://www.swansea.gov.uk/helptorepairyourhome but it seems you have to occupy the house in order to qualify.

    If your mother cannot afford the CT or to repair the house, would it not be an idea to sell it?



    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
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    cariad90 said:

    This situation is understandably creating a lot of stress and anxiety for my mum who would be happy to look into bringing the property back to a condition where by it could be rented but as it stands with the expected council tax costs and eligibility for financial support from Council she is simply unable to do so. 


    So she would be happy to take money and then have a new money pit? Renting is a business and she should not be subsidised for it. How will she pay for the upkeep and losses from renting?

    Time to sell.

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cariad90 said:

    Could you please advise how we can move forward or whether there is any support with challenging this situation? 
    Providing the charge has been lawfully set there is no successful challenge - the overall policy decision on setting it would need a judicial review.

    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • pramsay13
    pramsay13 Posts: 2,161 Forumite
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    Why does she not live there and what is needed to bring it to a habitable state?
    From the little information you've given it sounds as though her only choices are to pay the council tax demanded or to sell the property.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    The 100% increase doesn't come into force until April so your Mum has time to sell it before then. 

    There are SOME exemptions but I don't think your mother qualifies for them. 

    Two links here :

    https://gov.wales/council-tax-discounts-and-reduction/empty-property

    https://www.ageuk.org.uk/globalassets/age-cymru/documents/information-guides-and-factsheets/fs21w.pdf


    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • Yahoo_Mail
    Yahoo_Mail Posts: 624 Forumite
    500 Posts Name Dropper
    edited 31 October 2020 at 11:37PM
    MalMonroe said:
    The 100% increase doesn't come into force until April so your Mum has time to sell it before then. 

    There are SOME exemptions but I don't think your mother qualifies for them. 

    Two links here :

    https://gov.wales/council-tax-discounts-and-reduction/empty-property

    https://www.ageuk.org.uk/globalassets/age-cymru/documents/information-guides-and-factsheets/fs21w.pdf


    You should probably read things before you post links to them.

    The first link is about properties that are empty due to the death of the owner and the second one says that as of April 2017 councils have been allowed to charge a 100% premium on long term empty properties.
  • cariad90 said:
    Hi,

    I am emailing on behalf of my mum, I am wondering if you are able to advise us?

    My mum owns a property in Swansea which is currently unoccupied. Previously Mum was paying half priced council tax on this property but now due to changes that Swansea Council have brought in she is expected to pay 100% council tax plus a further 100% premium on top. 

    Whilst I appreciate that paying 100% council tax on unoccupied properties is to be expected we struggle to understand how home owners can be expected to pay double?

    Paying this amount on top of council tax for the property my mum actually lives in would be a tall feat under any circumstance but her financial position has been impacted on due to the current situation and pandemic meaning paying both bills has become unachievable and a huge strain. 

    Mum has previously spoken to Swansea Council regarding a grant they say is available for home owners in this position to assist them in bringing the property back to a suitable standard for it to be lived in once more, rented or sold. She was told however that due to existing debt she has she would be uneligible to apply for this. This seems very unfair and almost discriminatory, especially as the vast majority of home owners would have some debt of some sort. 

    This situation is understandably creating a lot of stress and anxiety for my mum who would be happy to look into bringing the property back to a condition where by it could be rented but as it stands with the expected council tax costs and eligibility for financial support from Council she is simply unable to do so. 

    Could you please advise how we can move forward or whether there is any support with challenging this situation? 
    Sell the unoccupied property, no council tax to pay and debts cleared?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 November 2020 at 12:21PM
    What is the context here? How long has it been empty and how has it come to be in a condition where it cannot be rented? Who does she owe the debt to?
    Subject to that, it seems that the LA's policy on surcharging is the right one. No one benefits from the current situation. If the property is sold, as a result of the surcharge, then your mum trades a depreciating asset for cash, the council gets ongoing CT revenue, and the housing stock is increased.
    No free lunch, and no free laptop ;)
  • Thank you to those of you that offered helpful advice. The house is currently empty and not being lived in due to very personal reasons, which I did not wish to elaborate on on a public forum. Of course selling the property is the first and foremost solution I was just looking for alternative points of view.

    Carrot007..…. There really was no need to be so rude however. You know what they say 'if you've got nothing nice to say......' plus you missed my point entirely. 

    Thanks again to those of you that were actually helpful 
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