closing order

hepatel

My query is regarding a closing order severed on a property section 604A of the housing act 1985.
under the section 264 and 267 of act council prohibit the use of the dwelling house for any purpose not approved by the council.
under the housing act 1985 section 604A  dwelling house fails to meet the following
structural stability
serious disrepair
freedom from dampness harmful to health
adequate provision of ventilation 
sufficient natural lighting
suitably located wash hand basin
satisfactory facilities for the preparation of food
effective system for draining surface water 
dwelling house is not reasonably suitable for occupation 

The council has removed the dwelling house from the closing order and put back on the valuation list without the necessary work completed mention above. Council is now demanding 200 percent council tax. Is there anyone able to advice what to do.  

lincroft1710

It looks as if Section 604 was repealed in 2006.

https://www.legislation.gov.uk/ukpga/1985/68/section/604/2006-04-06

If there is an entry for the dwelling in the Valuation List and the dwelling has been empty for more than 2 years then the council can charge 200% CT. You ned to speak to both the Housing and Revenue sections of the council if you do not agree with their actions.

hepatel

Hi thanks for the reply 
If Section 604 was repealed in 2006 and the dwelling is still unfit for human habitational, would there not be an amendment to replace section 604.
Also the dwelling is still unfit for human habitational under the section 264 and 267 of act council prohibit the use of the dwelling  for any purpose not approved by the council. 
Dwelling has been empty due to unfit for human habitational and all the above mention on the reports fails to make the dwelling safe.
Contacted the council many times in the past but cant get a resolution and being pass to different departments. Also contacted valuation office who states need to contact council. 
I can understand council can charge 200% CT if dwelling is empty but if the dwelling is unfit for human habitational and closing order was already in place then CT should be exempt.

lincroft1710

You can appeal to the Valuation Office Agency and ask that the dwelling be removed from the Valuation List. If they disagree, then the appeal would go forward to the independent Valuation Tribunal. As you dispute CT should not be payable and the council disagree you can also appeal their decision to the VT