Council tax empty property surcharge
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just to be clear then the property in order NOT to attract the 50% charge either has to occupied OR furnished.......one or other or both?
If it's furnished the sucharge no longer applies and if it's occupied the surcharge no longer applies.
To be subject to the surcharge it has to be unoccupied & unfurnished.
That's correct on a long term unoccupied and furnished property - no exemption applies and the council can give a 0% discount for these properties.We are paying 100% C/T on the property.
The fact it's furnished and not unfurnished however prevents any 50% surcharge being applied on top of the charge.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
I am puzzled, you say,
It has taken me 2 years to sell my empty tiny terraced property,
So, it has now been sold? If you have been paying CT for a year, it would seems that the council are not following the guidelines, I would pay and appeal. If they turn you down take it to the Ombudsman.
If you are referring to your earlier quote:
The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.
This may not be the "government's intention", but unless the relevant legislation specifically excludes properties on the market for sale or rent, a council is not at fault nor acting outside the law by surcharging such property.
Government policy or ideology does not override statute law. If a government believes legislation is not being used in the way it envisaged, it should amend that legislation.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
I would suggest that you read the guidance here
https://www.gov.uk/government/publications/council-tax-empty-homes-premium
Para 6 states
The government’s intention behind the decision to provide billing authorities with the power to charge a premium was not to penalise owners of property that is genuinely on the housing market for sale or rent.
Thanks for all your advice, although as the house is now sold I was hoping for something like the above (thanks, The Deep). I managed to get a refund of the CT I'd paid in full, but there wasn't a refund of the percentage of overpayment. I'm definitely going to challenge that, plus try adding the para 6 quote and see if it brings any results. Nothing to lose, after all.
SatchmoWhat would you get if all you got was what you were thankful for?0 -
Having read the above I cannot see anything that covers my situation. We own a flat and a house. We have been living in the flat whilst renovating the house, and paying the 50% rates premium on the house. We have now moved into the house and asked for the premium to be taken off, however the council (Kingston) have said they will not so do as “….that there is information outstanding to allow us to establish if this is your sole and main residence...” and they will contact the council (Wandsworth) where the flat is. I have not notified Wandsworth that we have moved from the flat as we will be renovating it, so will be liable for rates there until we rent it. The house is, so far as I am concerned our “sole and main residence” but are they entitled to continue with the surcharge because we are still paying rates to Wandsworth?0
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