Council Tax and a Legal minefield

CEM122

Thanks for that. It makes complete sense. I just wish Kirklees Council just said this to us instead of very badly worded cut and paste letters that didn’t make any sense. 

CEM122

Thanks for that it makes complete sense. I just wish Kirklees had said this to us instead of badly cut and pasted letters referencing we weren’t entitled to an exemption because my Aunt lived in the house after my Uncle died. It’s disappointing that they’ve chosen not to give us any of the exemptions even though the estate was in probate. 

RAS

Agree. Kirklees CT booklets states that you do not have to pay CT if "it is left unoccupied because someone has died." Not exactly clear what that means? The link to the application forms for exemption in the latest booklet doesn't seem to work.

They should at least grant you exemption for 6 months after you obtained probate for your aunt?

Whether it "remained unoccupied" because your uncle's estate needed probate isn't clear. 

lincroft1710

RAS said:

Agree. Kirklees CT booklets states that you do not have to pay CT if "it is left unoccupied because someone has died." Not exactly clear what that means? The link to the application forms for exemption in the latest booklet doesn't seem to work.

They should at least grant you exemption for 6 months after you obtained probate for your aunt?

Whether it "remained unoccupied" because your uncle's estate needed probate isn't clear. 

Whilst the aunt was in occupation she was responsible for the CT. But with her death, her occupation ended and not being the property owner, the responsibility for CT passed to the owner, the uncle's estate.


The 6 month exemption does not apply in this case as the aunt ceased being the CT payer and her estate at the time of death did not include the house as ownership had not passed from the uncle's estate.


Hopefully this will serve as a warning to others, get the deceased's estate settled as soon as practicable.


I should add in case anyone is in any doubt, the OP is in no way responsible for this mess

CEM122

Thanks for the above. It is a stark warning. We’ve spent a lot of money sorting this mess out for what could have been solved with a land registry form when my Aunt was alive. I think
a lot of it boils down to executors not fully completing their obligations and everything being online - my Aunt just wouldn’t have had the easy access. If we knew we’d have done it for her. I can only imagine that there are thousands of people that will fall into these cracks. 

AP3

My Mum passed away in Scotland (Moray), and I was able to apply for full council tax exemption for 12 months. It's a "grace period" I suppose, as after it expires, you then have to pay double the rate if the property remains vacant.

Not sure if that has already been taken into account in your situation, or whether you could potentially apply for it retrospectively.

Just my 2 pence.

Marcon

CEM122 said:

Thanks for the above. It is a stark warning. We’ve spent a lot of money sorting this mess out for what could have been solved with a land registry form when my Aunt was alive. I think
a lot of it boils down to executors not fully completing their obligations and everything being online - my Aunt just wouldn’t have had the easy access. If we knew we’d have done it for her. I can only imagine that there are thousands of people that will fall into these cracks. 

You've referred to the executors as 'no longer trading' which suggests they were some sort of professional (or allegedly professional!) body, as opposed to individuals? If so, they may have had some sort of continuing PI cover, especially if they were a regulated entity.

lincroft1710

AP3 said:

My Mum passed away in Scotland (Moray), and I was able to apply for full council tax exemption for 12 months. It's a "grace period" I suppose, as after it expires, you then have to pay double the rate if the property remains vacant.

Not sure if that has already been taken into account in your situation, or whether you could potentially apply for it retrospectively.

Just my 2 pence.

The problem here was that at the time of her death, the aunt did not own the house and her responsibility for CT ended with her death and became the responsibility of the estate of the uncle.