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

DontLikeCouncils

If I engage a CT law specialist, what are the pros and cons of a solicitor or a direct access barrister? I assume barristers charge much higher hourly rates. Would they know the law better and finish the case in less time? I'm wary of paying somebody to spend ages researching case law etc.!

DontLikeCouncils

The timescales for probate and for resolution of the CT issue are quite different. Also the law as I understand it does not place a time limit on Class F until probate, so does not oblige me or the estate to pay. 

Skiddaw1

I may be speaking out of turn here... but it seems to me that if you're prepared to invest time (and probably a fair amount of money) into the CT issue, why can't you take steps to resolve the probate issue and have done with it? Otherwise it's just going to be hanging over you ad infinitum, which surely can't be doing your mental health any good. Leaving all else aside, it doesn't do for a house to be standing empty for a long time- the potential for additional headaches and costs will be increasing day by day. Just my opinion of course (and no offence meant- I realise there's probably a back story we're not party to).

lincroft1710

DontLikeCouncils said:

If I engage a CT law specialist, what are the pros and cons of a solicitor or a direct access barrister? I assume barristers charge much higher hourly rates. Would they know the law better and finish the case in less time? I'm wary of paying somebody to spend ages researching case law etc.!

Properly qualified barristers tend to cost more than solicitors and generally represent people in court cases. 


This aspect of CT is far removed from my CT knowledge and experience, but because of the cost few CT payers employ solicitors or barristers for their cases. Even if you are successful at a Valuation Tribunal hearing you cannot claim costs, so as a previous poster rightly said you could b spending as much as you might hope to save.

BooJewels

Both myself and others have posted some ideas of how the OP could approach the local authority and open a dialogue to try and seek a resolution to this situation - it would be mutually beneficial to both parties to make progress and get something done with the house.  But it doesn't seem as though the OP has tried that, which is a shame.  Surely that's worth a try before splashing money on lawyers etc.

Dave_5150

Have you contacted your local council to explain the problem and why you believe the property is exempt? And if so what was their response?

Nothing will happen until you have done that, ideally in writing. They should reply to you within 2 months. If you are not happy with the council’s decision, you can make an appeal to the Valuation Office.

https://valuationtribunal.gov.uk/council-tax-appeals/council-tax-liability-appeal/  

As other have already stated the tribunal cannot award costs so you will not be reimbursed for any solicitor or barrister fees.