Empty property council tax discount - proving it?!

Caz3121

icantbelieveitsnotbutter_2 said:

 if I want to the discount they need to come and inspect in person.

It sounds like if you don't let them inspect then you won't be getting the discount. Looks like the ball is in your court.

CIS

Ultimately, it comes down to the fact that the council will make the initial decision over any discount that might apply (most don't apply a discount any more for an unoccupied property). If they don't have any evidence that it's not unreasonable for them to reject it, the decision is on the balance of probabilities but they have appear to have nothing to work with in this case.

If the council refuse the discount then any formal appeal would be to a valuation tribunal. The tribunal will not find against the council where no evidence has been offered to support the discount application.

icantbelieveitsnotbutter_2

mCIS said:

Ultimately, it comes down to the fact that the council will make the initial decision over any discount that might apply (most don't apply a discount any more for an unoccupied property). If they don't have any evidence that it's not unreasonable for them to reject it, the decision is on the balance of probabilities but they have appear to have nothing to work with in this case.

If the council refuse the discount then any formal appeal would be to a valuation tribunal. The tribunal will not find against the council where no evidence has been offered to support the discount application.

Thank you very much for what appears to be some factual advice rather than someone's opinion merely passed off as fact, it's much appreciated. 

Mickey666

I had a similar situation when renovating my current home for the first two/three years and was not living in it.  I told the council it was empty and they accepted it but sent someone out every six months or so to check.  They never wanted to enter the house, though the scaffolding and building work might have been a clue!
However, different councils now have different rules and our council charges 200% CT on empty properties, so be careful what you wish for.

Slinky

Did you employ a removals company? Can you send them a copy of your removals invoice as proof they've shifted your furniture elsewhere?

lincroft1710

CIS, would I be correct in assuming that if this matter were to go to VT the OP would still be liable to pay CT and be so charged right up until the actual hearing. Obviously if the VT did not find in favour of the OP, this would be academic.

lincroft1710

icantbelieveitsnotbutter_2 said:

The council cannot trust me but I must trust them with my keys. Cute.

.

No-one is saying you have to trust them with your keys, it was a suggestion as a possible way forward to help you out of a situation. I don't know what you expect the council to do with a door key (they should only need one), they can't steal anything as the house is empty and I'm sure yours wouldn't have been the first keys to an empty property they would have dealt with.

CIS

lincroft1710 said:

CIS, would I be correct in assuming that if this matter were to go to VT the OP would still be liable to pay CT and be so charged right up until the actual hearing. Obviously if the VT did not find in favour of the OP, this would be academic.

They would continue to be charged at whatever rate the council determined was correct until such point as the tribunal, if they chose to, imposed a different discount. This discount can then be backdated as required but, yes, in the meantime the current situation continues to apply.

FaceHead

What about electricity, gas and water bills? Particularly if the property has smart meters these can provide some decent evidence of whether the property is occupied (although not about if it's furnished).

You want a discount. You've got to come up with at least some evidence. If it's not agreeing to the inspection, then try to provide something else, otherwise it does (from the council's point of view) look rather like you might be trying to pull a fast one. Balance of probabilities really isn't a high standard.

csgohan4

OP you can't have your cake and eat, you have an empty property and you want a discount but don't want to provide evidence? or at least engage with the council?

They are only doing their job in ensuring tax payers money is being spent appropriately. Council shutting non essential services is irrelevant to you. It's like saying your not using a nursing home so why should I pay higher council tax.