Council tax second home premium

SURVIVEDCOVID

The rules regarding this matter seem to be a bit variable on a Council by Council basis. Whilst there is 'national legislation' the rules (based on seemingly subjective discretion available to Councils) seem to be all over the place. 

I have what appears to be classed as 2 second properties although I do not own either of them, or have the 'title'. That's because my sister and I are executors for my Mum's place who died 3 yrs back and our Dad's (parents were separated) who also passed away about 30 months ago. Their properties are based in separate Councils. One is Labour led, the other Conservative. I am apolitical.

Grant of Probate finally came through for both properties about 18 months ago. For both properties each Council charged normal Council Tax rates 6 months are probate and up until this coming Council Tax year. Both properties became substantially UNfurnished earlier this year which we were led to believe (according to national legislation) meant that no Council Tax premium (or doubling) should apply. Mind you, the views on the amount of Council Tax due moving forward are now very different for each Council. 

The Conservative led Council agree (based on pics provided) that because the property (though empty) is NOT substantially furnished then the normal Council Tax rate will apply for the foreseeable future. Conversely the Labour led Council are all over the place and to date we have has 2 different answers re this coming tax year. In mid March one officer said that because the property is no longer furnished then the normal Council Tax rate would apply for 12 months post the date it became unfurnished. But earlier this week we double checked with the same Council and a rather bolshie officer stated that a) they couldn't care less whether or not the property was unfurnished and b )then went onto threaten backdating a Council Tax premium going back 2 years! 

We are about to refurbish both properties and then sell them later in the year. Neither are presently worth much. If a double tax rate were to apply in the Labour led Council then we may let out the property to a person who may be willing to help with some DIY skills and the tenant would presumably then also become responsible for the Council Tax but with a single person discount. Finally even if we put the property up for rent apparently from that day the Labour led Council property should revert back to the normal Council Tax rate. True?

All rather confusing. Have any other forumites had a a similar experience and/or can kindly offer any constructive comments or guidance. 

Grumpy_chap

SURVIVEDCOVID said:

Their properties are based in separate Councils. One is Labour led, the other Conservative. I am apolitical.

Although, of course, if your desire was to be truly a-political, there would be no need to mention the respective local Parties having control of the respective Councils, or even that the political control of the two Councils was different.  It would have been possible to simply reference "Council A" and "Council B".  I'd also suggest that the difference is probably not down to the respective Parties having control in the two local areas, but really more just "how the cookie crumbles."

FlorayG

SURVIVEDCOVID said:

We are about to refurbish both properties and then sell them later in the year. Neither are presently worth much. If a double tax rate were to apply in the Labour led Council then we may let out the property to a person who may be willing to help with some DIY skills and the tenant would presumably then also become responsible for the Council Tax but with a single person discount. Finally even if we put the property up for rent apparently from that day the Labour led Council property should revert back to the normal Council Tax rate. True?

All rather confusing. Have any other forumites had a a similar experience and/or can kindly offer any constructive comments or guidance. 

The resident is always responsible for the council tax so yes, it would be the renter's only home and then subject to single council tax and even a discount if one person living there. Be aware though that you will need to get your tenant our in order to sell and that's often not easy; just because they have a 6 month tenancy agreement doesn't mean they automatically leave at the end of six months

silvercar

I’m curious how the local council in the UK were aware you were living in a rented property in Germany.

The_Custodian

Hello all, I have a somewhat similar issue.  We recently bought the house next door as an alternative to extending our main home, and we live in both of them at the same time, so they are both "occupied".  It would seem strange to treat this as a "second home" for council tax purposes, which conjures up images of holiday homes, weekend retreats, etc.  But the council just seem to recognise the categories of "empty", "occupied" or "second home". Any views?

user1977

The_Custodian said:

Hello all, I have a somewhat similar issue.  We recently bought the house next door as an alternative to extending our main home, and we live in both of them at the same time, so they are both "occupied".  It would seem strange to treat this as a "second home" for council tax purposes, which conjures up images of holiday homes, weekend retreats, etc.  But the council just seem to recognise the categories of "empty", "occupied" or "second home". Any views?

Yes, it is a second home. If you want both houses to be treated as a single property then you'll need to merge them properly.

sheramber

You own 2 properties. One is a second home. 

Hoenir

The_Custodian said:

Hello all, I have a somewhat similar issue.  We recently bought the house next door as an alternative to extending our main home, and we live in both of them at the same time, so they are both "occupied".  It would seem strange to treat this as a "second home" for council tax purposes, which conjures up images of holiday homes, weekend retreats, etc.  But the council just seem to recognise the categories of "empty", "occupied" or "second home". Any views?

You occupy two properties on seperate titles. Both properties are subject to Council Tax.  

Why are you unable or unwilling to make it one property officially?  By merging you would change the property band for rating purposes. 

freesha

Binsky_snuff said:

Thank you for your comment. It sounds ridiculous to have to pay double council tax when the flat is empty most of the year. But I appreciate you taking the time to answer.

That is EXACTLY why you need to pay double. You have it, but not using it. It is going to waste when someone could live there.

ReadySteadyPop

freesha said:

Binsky_snuff said:

Thank you for your comment. It sounds ridiculous to have to pay double council tax when the flat is empty most of the year. But I appreciate you taking the time to answer.

That is EXACTLY why you need to pay double. You have it, but not using it. It is going to waste when someone could live there.

But paying double council tax doesn`t allow someone to live there.