Second home council tax charge

CaptainWales

I have received a council tax bill for a second home, which includes a 100% council tax premium. I challenged this with the local authority on the basis that the home was in the process of being sold, so I should be exempt from paying the 100% uplift. 

The local authority have now responded saying that because I didn't use an estate agent for the sale, the exemption doesn't apply. I sorted the sale out myself to a private individual (at market rate, and I didn't know this individual previously) and instructed a solicitor. I can't see anything in the regulations that say that you have to use an estate agent to market a property to get this exemption (and I can't see why there would be an argument for that either).

Has anybody experienced this before, or can offer advice in this area? To be clear, I have never claimed this exemption before and the house did eventually sell.

MeteredOut

I'd be quoting the LA's exemption rules back to them, and ask them to point out where sales without an estate agent are excluded from that.

lincroft1710

I think the problem is that without an EA listing you cannot prove the date your property went on the market for sale. However if you have dated correspondence to/from the buyer, you may be able provide a date the house was definitely for sale. 

CaptainWales

lincroft1710 said:

I think the problem is that without an EA listing you cannot prove the date your property went on the market for sale. However if you have dated correspondence to/from the buyer, you may be able provide a date the house was definitely for sale. 

I have kept emails with the buyers showing price negotiations etc

DRS1

Foolish question but how were you advertising the house as being for sale?  If it was an ad in the local paper maybe you would have proof of when the ad was placed.

Also when did you instruct the solicitor?  At the start of the process or only when you had the buyer?  The solicitor will have sent you a client letter confirming your instructions so that may give evidence of a date perhaps.

Just thinking of other bits of evidence you could supply.

lincroft1710

CaptainWales said:

lincroft1710 said:

I think the problem is that without an EA listing you cannot prove the date your property went on the market for sale. However if you have dated correspondence to/from the buyer, you may be able provide a date the house was definitely for sale. 

I have kept emails with the buyers showing price negotiations etc

Then see if the council will accept this as proof of the property being for sale at the date of the first email