Council Tax Class F cancelled before probate, long after "Executors' Year" [Merged]

BooJewels

I knew I'd heard or read something about this locally and I've just found the article published by the council adjacent to where I live and I'll paste some sections from it, which might explain the stance the OP's council [for the property] are taking - in a scheme to reduce the amount of empty homes where there's a shortage of housing.  They cite 'inheritance issues and delays in obtaining probate' as one of the reasons properties remain empty.  It doesn't mention whether being furnished or not is pertinent, as discussed earlier - although it does refer to them as 'empty' as opposed to 'unoccupied'.

But this might be why the council concerned are applying pressure to the OP to take some action - in a bid to simply address what might be a problem property.  The local council I'm quoting from also go on to say that they'll support the owner to get a resolution and get the property back into use and they list the various ways they can help, including finding tenants, helping them to sell it etc.  So I think the OP needs to open a dialogue with the council about this and see if they can come to a resolution.  

There's also mention on the Government page linked below of not paying CT if a property is declared derelict, if it's uninhabitable - so that may be an approach too.


The Council Tax Premium introduced in 2013 gives local authorities the right to charge higher council tax rates on properties that have been empty for more than two years. The table below shows the amount of council tax that local authorities can charge for long term empty properties:

Amount of Council Tax local authorities can charge for long term empties

Length of time empty	Council Tax (percent)
less than 2 years	100
over 2 years	200
over 5 years	300
over 10 years (from 2021)	400

DontLikeCouncils

How may I find a good lawyer specialising in CT exemptions please?

Thank you for some very interesting comments. 

Keep_pedalling

DontLikeCouncils said:

How may I find a good lawyer specialising in CT exemptions please?

Thank you for some very interesting comments. 

Find a local solicitor and employ them to finally wind up the estate, they can assist you in dealing with the council at the same time. 

DontLikeCouncils

The tax issue needs to be resolved long before probate could be obtained. Thanks to some previous comments I'm convinced that the council has no legal right to make this demand. I need a solicitor who specialises in this field. I doubt whether many probate solicitors have the knowledge and experience to fight this effectively, from what I've heard so far. They're not CT experts, no offence meant! 

Keep_pedalling

DontLikeCouncils said:

The tax issue needs to be resolved long before probate could be obtained. Thanks to some previous comments I'm convinced that the council has no legal right to make this demand. I need a solicitor who specialises in this field. I doubt whether many probate solicitors have the knowledge and experience to fight this effectively, from what I've heard so far. They're not CT experts, no offence meant! 

Maybe, but is foolish to put it off any longer and I was suggesting you kill two birds with one stone and I doubt you will find a solicitor who specialises in CT. Why are you so reluctant to sort probate out?

Brie

to the OP, @Sadone & @poppystar

Have you considered talking to citizen's advice or a debt councilling group and sending the council a mental health form?  There is a possibility of tax being "written off" if there are compelling reasons due to physical and mental health of the person being sent the tax bill.

This is off of National Debtline website

Debt and Mental Health Evidence Form (DMHEF)

Medical evidence is only usually needed where your mental health is seriously affecting your ability to manage your money and debts. If your creditors will not accept evidence that you already have available, such as your latest prescription, consider using the Debt and Mental Health Evidence Form (DMHEF).

The DMHEF is a standard form that is used to ask health and social-care professionals for evidence of your circumstances. It was designed to make it easier to collect this information for you and your creditors.

Once the form is completed, it can be photocopied and sent to all your creditors. The DMHEF does not have to be accepted by your creditors, but many are familiar with its content and some were involved in its design. The DMHEF is also recognised by the FCA, which is the organisation that regulates the credit industry.

The DMHEF is a short form, which asks your health or social-care professional to confirm that you are experiencing a mental-health issue. It also asks them to answer three optional questions to give an overview of how your mental health issue affects you. This can help your creditors to assess what support they can offer you when dealing with you debts.

The optional questions ask for information about the following.

• How does the mental health problem(s) affect their ability to manage money?
• How is the person’s ability to communicate affected by their mental health problem(s)?
• Is there anything else you can tell us that would help the person (severity/duration; relevant treatment; whether in crisis)?

If you are considering using the DMHEF, phone us for advice.

Fees and charges

General practitioners (GPs) can no longer ask you to pay them to complete the DMHEF. Other health and social-care professionals will not usually charge you to complete this form.

Fact Sheet - Debt and mental health | National Debtline | National Debtline

Sarahspangles

DontLikeCouncils said:

The tax issue needs to be resolved long before probate could be obtained. Thanks to some previous comments I'm convinced that the council has no legal right to make this demand. I need a solicitor who specialises in this field. I doubt whether many probate solicitors have the knowledge and experience to fight this effectively, from what I've heard so far. They're not CT experts, no offence meant! 

There are solicitors and barristers who specialise in Council Tax but the issue is their costs - you risk spending a five figure sum to avoid paying a five figure sum.

What makes you think you can’t get probate without resolving the Council Tax issue? 

kipsterno1

OP - between your last post in April and yesterday's what, if any, dialogue have you had with the local authority?

Just out if curiosity are you also building up outstanding utility charges and insurance costs?

Keep_pedalling

kipsterno1 said:

OP - between your last post in April and yesterday's what, if any, dialogue have you had with the local authority?

Just out if curiosity are you also building up outstanding utility charges and insurance costs?

Insurance should be a big concern, insurers are reluctant to insure empty properties especially long term empty which vulnerable to vandalism. 

Savvy_Sue

A probate solicitor would pretty quickly find a CT specialist if they felt one was needed.