Empty flat broken into and turned into cannabis farm, appealing council tax deband rejection.

bertie1979

Hi bit of a complicated one, I had an empty flat for a couple years whilst going through some personal issues, all bills & mortgage were paid still.

My property was broken into and turned into a cannabis farm, they obviously caused a lot of damage to the property, loads of damp, damaged ceilings, floors, walls & bathroom, only place relatively unscathed was the kitchen.
They obviously got into the electrics too, bypassing the meter and its taken me over 12 months to get the electric restored to the property, also whilst the property was empty the gas supply was cut off (again this has now been eventually restored).

Now the question, I applied to the Valuations Office Agency to get the property unbanded whilst the property was uninhabitable, speaking with the advisors on the phone they said it should be no problem, however my application was rejected with the response as:

Thank you for asking me to look at whether the entry in the Council Tax list can be deleted.

I have considered the points you raised very carefully and have reviewed the information that relates to the current Council Tax band C effective since 4 September 1998.

My decision is the property should remain in the Council Tax list.

I realise you may be disappointed with my decision. It may help to explain, for a property to be removed from the Council Tax List it would need to have reached the state of being truly derelict. For example, if the roof or external walls were missing or where normal repairs would not bring it into a condition that would make it fit for occupation.

When the property is structurally intact and generally wind and watertight, then it will usually need to be assessed for Council Tax.

I am required by law to assume the property has been kept in a reasonable state of repair for its age and character.

Disrepair can only affect the banding if the property has reached the state of being truly derelict and is in severe disrepair. This is where normal repairs would not bring it into a state fit for occupation.

In this case I do not consider that the scope of repair work needed is unreasonable, or that the property is incapable of repair.

You may find it helpful to read our blog on homes in disrepair, please visit https://valuationoffice.blog.gov.uk/ and search Council Tax Properties in disrepair.

i've appealed on the grounds of there being a lot of work to rectify the damage but also the main factor of there being no electric or gas in the property, therefore with no way to light or heat water, would surely make the property uninhabitable.
i've sent all photos, video, proof of no electric & gas and the police crime reference number.

the appeal hearing has now been slated for February 2026, so just trying to see if i have any chance with this, it may not seem like a big deal, but with £150 a month outlay for 18 months i could get back would really help with the refurb.

born_again

https://www.gov.uk/guidance/removing-a-property-from-the-council-tax-list

Normal level of repair includes:

• internal/external redecoration
• minor plaster/ceiling repairs
• renewal of kitchen and bathroom fittings
• replacement of electric wiring, central heating system
• repair of localised wet rot
• minor roof repairs
• replacement windows
• the treatment of damp patches

In these circumstances, we will not delete the Council Tax band as repairs would be unlikely to change the character of the property. We would need evidence that the repairs required are more significant than normal levels of repair and the property is truly derelict (see section below on evidence requirements for deleting a property because it is derelict or in disrepair).

We can’t reduce the Council Tax band because the property is in a poor state of repair. This ensures that all taxpayers are treated equally and that nobody has a reduction just because their property has not been looked after.

Woodstok2000

It's a bit confusing, as you state that the property has no gas or electricity, but you also say you've had the gas and electricity restored.  Are you trying to get the debanding done retrospectively and backdated?

This guide may be helpful: https://www.gov.uk/guidance/removing-a-property-from-the-council-tax-list#requests-to-delete-a-property-in-poor-repair-or-undergoing-normal-repairs

As you'll see, the property doesn't have to be derelict, but it does need to be undergoing major repairs which make it uninhabitable.  Not having gas or electricity is not a reason in itself if those have just been disconnected (and can be reinstated).

Peter999_2

Woodstok2000 said:

It's a bit confusing, as you state that the property has no gas or electricity, but you also say you've had the gas and electricity restored.  Are you trying to get the debanding done retrospectively and backdated?

This guide may be helpful: https://www.gov.uk/guidance/removing-a-property-from-the-council-tax-list#requests-to-delete-a-property-in-poor-repair-or-undergoing-normal-repairs

As you'll see, the property doesn't have to be derelict, but it does need to be undergoing major repairs which make it uninhabitable.  Not having gas or electricity is not a reason in itself if those have just been disconnected (and can be reinstated).

I read it as that he/she had paid the council tax for the last 18 months and would like to claim it back as he's only just got the gas and electric re-installed.

bertie1979

yes, i've read their guide.

but holes in walls & ceilings, trashed bathroom, severe damp, and no utilities etc etc

had real issues with UKPN trying to get the supply put back into the property, after the cannabis farmers went direct into the incoming supply and has only just been reinstated, so i've had no way to get the property work done either.

Emmia

bertie1979 said:

yes, i've read their guide.

but holes in walls & ceilings, trashed bathroom, severe damp, and no utilities etc etc

had real issues with UKPN trying to get the supply put back into the property, after the cannabis farmers went direct into the incoming supply and has only just been reinstated, so i've had no way to get the property work done either.

Is one of your exterior walls or roof entirely or mostly missing? Leaving the property open to the elements...

I think that's the level of damage that would mean the property could be seen as derelict.

If I've read your description the exterior walls and roof are in place - albeit in need of significant internal repair and redecoration after the cannabis farmers trashed the place.

Woodstok2000

bertie1979 said:

yes, i've read their guide.

but holes in walls & ceilings, trashed bathroom, severe damp, and no utilities etc etc

had real issues with UKPN trying to get the supply put back into the property, after the cannabis farmers went direct into the incoming supply and has only just been reinstated, so i've had no way to get the property work done either.

To me, the fact that the response from the assessor focuses entirely on the property being derelict makes me think it may be worth an appeal, if you can demonstrate that your renovations are major and will render the property uninhabitable, but that is going to be the issue. 

Replacing a kitchen or bathroom is specifically listed as a minor renovation on the checklist,  as is all redecorations, rewiring etc. Even treating and repairing damp and wet rot doesn't count as a major repair.

Stripping out walls and floors  would be major though, if that's required. I think to win the appeal you're going to need a full report on the condition of the house and the work needed, and use that to justify it being uninhabitable for the period of the repairs.

lincroft1710

If the property now has gas and electric restored, then there is little chance of it being deleted from the Valuation List. Also if it was deleted, the deletion would not be backdated,it would start from the date of the appeal. I'm ex VOA and dealt with several requests for deletion and from what you have said, this sounds like a state of repair case which would not lead to deletion

bertie1979

lincroft1710 said:

If the property now has gas and electric restored, then there is little chance of it being deleted from the Valuation List. Also if it was deleted, the deletion would not be backdated,it would start from the date of the appeal. I'm ex VOA and dealt with several requests for deletion and from what you have said, this sounds like a state of repair case which would not lead to deletion

even though it's been uninhabitable for 18 months and I applied 18 months ago?

Emmia

bertie1979 said:

lincroft1710 said:

If the property now has gas and electric restored, then there is little chance of it being deleted from the Valuation List. Also if it was deleted, the deletion would not be backdated,it would start from the date of the appeal. I'm ex VOA and dealt with several requests for deletion and from what you have said, this sounds like a state of repair case which would not lead to deletion

even though it's been uninhabitable for 18 months and I applied 18 months ago?

In what way is it "uninhabitable" ?

I think the criteria is likely to relate to the interior of the property being open to the elements - i.e. a whopping, gaping hole in the external walls or roof... Does the property have that issue?

bertie1979

no gas or electric, no way to heat or light the home to make it habitable for 18 months. Due to issues with UKPN.

as said i've read their criteria/guidelines, but was replying to lincroft and their experience of VOA.

looks like for the sake of a few hours, i'll have to try it on the basis of no gas or electric or other means to heat & light the property.

a quick AI result:

For Homeowners
If you own the property, there is no law that strictly forbids you from living without mains gas or electricity, provided you can maintain a safe and healthy environment. However, the property must still be safe, and you would need alternative means to provide essential services like heating and hot water (e.g., wood-burning stoves, solar power, generators) which must comply with building regulations. For a property to be sold or secured with a mortgage, lenders usually require it to have safe, functional, and permanent utility services.