Shared responsibility for council tax

Harry227

Earlier this year, my mother moved permanently into a care home.  The house she lived in became unoccupied, and as joint owners my brother and I put it on the market.  The market is slow and the house remains unsold, despite a price reduction as advised by the estate agents. 

Over that period, I've been paying the council tax and my brother some of the utility bills.  The latter have been minimal because the house is empty, whereas the council tax and a few other bills I pay have amounted to several hundred pounds a month. I've been prepared to do that, but as time continues, and due to a change in my circumstances, I'm now struggling to pay the lion's share of the bills. 

I have asked my brother to pay an equal share from now on.  He has refused, claiming he is unable to pay, although his lifestyle says otherwise.  I'm generally on fairly good terms with my brother, and don't want to fall out over money, but I now need to resolve this situation, and asking him to be reasonable seems to have failed. 

Both our names are on the council tax bill.  I don't want it to come to a standoff, but I'd like advice as to how, legally if necessary or some other means, I can ensure he pays his fair share without either of us defaulting on the council tax payments and getting into arrears.  Could I ask the council to bill us separately? I'm guessing not, as it is the same address the tax is related too.

I thought of asking the firm of solicitors who are/will represent us for conveyancing, if they could set up a system where the equal share we have in the money when/if the house is finally sold, includes a deduction from the sum equivalent to the over-paying of costs. However, I'm not sure how feasible that would be, and I really don't want to have to resort to such complications. Also, even if that was successful in reimbursing me for costs in the future, it doesn't help me with my outgoings now.

Any constructive advice gratefully accepted.

Keep_pedalling

You should be able to get a class E exemption under these circumstances.

Harry227

Keep_pedalling said:

You should be able to get a class E exemption under these circumstances.

Just checked Class E exemption and I don't think a house on the market and unoccupied is included in the list of exemptions, unfortunately. 

Keep_pedalling

Harry227 said:

Keep_pedalling said:

You should be able to get a class E exemption under these circumstances.

Just checked Class E exemption and I don't think a house on the market and unoccupied is included in the list of exemptions, unfortunately. 

The exemption comes from the occupant moving into care I don’t think it being for sale makes any difference. 

https://www.ealing.gov.uk/info/201260/empty_and_unoccupied_properties/2625/apply_for_an_empty_property_exemption_for_a_patient_in_hospital_or_a_care_home_class_e

Harry227

Keep_pedalling said:

Harry227 said:

Keep_pedalling said:

You should be able to get a class E exemption under these circumstances.

Just checked Class E exemption and I don't think a house on the market and unoccupied is included in the list of exemptions, unfortunately. 

The exemption comes from the occupant moving into care I don’t think it being for sale makes any difference. 

https://www.ealing.gov.uk/info/201260/empty_and_unoccupied_properties/2625/apply_for_an_empty_property_exemption_for_a_patient_in_hospital_or_a_care_home_class_e

Thanks again KP.  I think the difference is that my mother never owned the house, she was 'renting' (no payment was asked for) so was effectively just a tenant who has left, and we, my brother and I, bought the house years ago for her to stay in.  Nevertheless, I'll give the Local Authority a ring and see what their response it.

lincroft1710

If the house is not awarded a Class E exemption (given the circumstances I don't think it qualifies) then the bad news is that as joint owners I believe you are jointly and severally liable, so although in law you are jointly liable, the council can pursue either of you for the CT if it is not paid.

elsien

Although the legislation says it has to have been their home and they have gone into residential care. It doesn't say that they have to own it. 

Harry227

elsien said:

Although the legislation says it has to have been their home and they have gone into residential care. It doesn't say that they have to own it. 

Unfortunately, in the LA concerned it seems it does matter as to whether they owned it or not:

• "Class E - Property left empty by someone who has moved to receive care in a hospital or care home

A property that is unoccupied because the owner (who was previously the occupier) has moved to receive personal care in a hospital or home and will not return home."

As noted above, it is also clear that we are both jointly and severally liable for the council tax, so only paying my portion it would still fall on me, albeit we got into some legal wrangling over the payment.

As I mentioned in the original post above, about legal advice and possibly having records of total house maintenance cost we respectively have had to make during the sale process and payments, and subsequent deductions from the share of sales proceeds accordingly.  I can't think of any other recourse, although possibly a solicitor might have suggestions as such a set of circumstances are unlikely to be unique.