Taking over utility bills after death

NeverTooLate

I've found this from the local council for the second home:

Class I: Probate (applies to long-term empty and second homes)

Class I (probate): under Council Tax Class F, exemption already exists for dwellings undergoing probate, providing it is empty, until probate is granted.  

A further six month exemption is then available as long as it remains unoccupied and has not been transferred by the executors or administrators to the beneficiaries or sold to anyone else.  

The new regulations grant a 12 month exception from second homes premium from the point probate is granted or letters of administration issued until the end of this period or until the dwelling is sold. This period runs concurrently with the six month exemption. 

You'll need to provide confirmation if the dwelling has been transferred to a beneficiary, or sold, providing the date of sale and new owners details.

Keep_pedalling

The second home should be exempt from the second home premium but standard CT will still need to be paid.

From https://www.gov.uk/council-tax/second-homes-and-empty-properties

Exceptions

If your council charges additional Council Tax on second homes in your local area, you may not have to pay the premium if:

• the second home is an annex which forms part of the same property, and is being used as part of the main residence
• your main or second home is provided by your employer and you need to live there for your job
• the second home has planning restrictions or other conditions about what it’s used for and who can live there, which means you cannot use it as a permanent residence

You may not have to pay the premium for up to 12 months if: 

• you recently received a grant of probate (or letters of administration) for the second home
• the second home is being marketed for sale or to rent

You will still need to pay the standard rate of council tax on the property,

One option, if practical, would be for the relative to temp move into the second home then you could claim the full exemption on the main home.

NeverTooLate

Yes, relative moving to second home seems like the best option, thanks.

lincroft1710

One option, if practical, would be for the relative to temp move into the second home then you could claim the full exemption on the main home.

I would check with the relevant council that an exemption still applies if the property was not empty at the date of death, but became subsequently empty some time after. The occupying relative would still be liable for the CT from DOD until they leave.

Jude57

I agree with @lincroft1710 that you really need to get the local Council's input here. Individual Councils have so much discretion within the legislation now that it's difficult to give a definitive answer. For what it's worth, my view is that the relative should have to pay the Council Tax and other utilities at the address where they are living. As you know, If living alone, they'll be able to claim Single Occupant Discount and Council Tax reduction. There could even be further reductions available if the person has disabilities and it's well worth a conversation with the Council Tax team about the best way forward. You can ask what reductions are available for the unoccupied property at the same time.

If the estate is named as the Liable Party for the empty property and funds are not going to be available to pay the Council Tax until the property is sold, you may be able to get the Council to suspend any debt recovery action by providing a Solicitors Undertaking (a written, legally binding promise) that any Council Tax outstanding will be paid in full out of the proceeds of sale, whenever that occurs. If the property takes a long time to sell, that Undertaking may need to be renewed periodically. Even if you're not using a Solicitor for probate, you'll need one for the conveyancing and these Undertakings are a normal business practice for Solicitors.

If the Council Tax team are difficult to contact by phone, you could email your query which they'll have to respond to within a set time.

NeverTooLate

Thanks all, will try and get a definitive answer re CT from local councils.