Should I be exempt from council tax on my flooded home?

[Alastair]

 

You need to get as much of the furniture out as possible. What is in there? If you can give me a list I can tell you what to get out (this is what make the difference)

 

 

The kitchen and bathroom are stripped and empty as are the back room and back bedroom. Living room is furnished as is the front bedroom, but both are piled high with rescued possessions from the other rooms.

[Starlet83]

The kitchen and bathroom are stripped and empty as are the back room and back bedroom. Living room is furnished as is the front bedroom, but both are piled high with rescued possessions from the other rooms.

 

You need to remove any beds and sofas basically, if there is no furniture which would enable you to sleep in the property then it cannot be classed as a home.

 

While ever you can walk straight in and live there then (even without kitchen or bathroom) they will class it as livable and class it as a second home.

[Alastair]

Well I'm going to argue with them and see what happens. From my reading of the SCC document "My home is uninhabitable" I should be exempt for 6 months if not longer.

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My home is uninhabitable

 

My Empty Property is Uninhabitable. Do I Have To Pay Council Tax?

 

If your property is unoccupied and unfurnished, you will generally be entitled to an exemption from Council Tax of up to 6 months.

 

If you own a vacant property that is in need of major repair works to make it habitable, you may be entitled to an exemption of up to 12 months (see below – When Does My Exemption Start?).

 

What are Major Repair Works?

 

Many vacant properties have work done prior to the new occupier moving in. Many people decorate, refit a bathroom suite or kitchen into their new home before they move in. If this is the type of work you are doing to your property, you will generally be allowed an exemption of up to 6 months. This is not classed as major repair work.

 

In some cases, properties need more work doing to them before anyone can live there. This will include major structural repair work, or major structural alterations.

 

The Council will decide if you are entitled to a 12 months exemption, and in making this decision, will take into consideration the danger to a person if they were to live in the property without such works being carried out.

 

How Do I Qualify?

 

If you are to complete your repairs and occupy the property within your 6-month exempt period, there will be no reason to apply for the ‘uninhabitable’ exemption.

 

To qualify for the 12 months exemption your property must either be;

 

1. in need of major repair works, (claim form 1) or

2. have major repair works currently being carried out, (claim form 1) or

3. had major repair works completed (claim form 2).

 

 

To claim the 12 months exemption, you must complete the attached claim form and provide documentary evidence of the works needed. The sort of evidence we will need are copies of surveys and reports, photographs and quotes from builders. If you have already completed the work, you can provide receipts from builders with your claim.

 

You are more likely to make a successful claim if you inform the Council Tax office before you complete your repairs.

 

An inspector will contact you to arrange a visit to the property, or to ask for further information or evidence.

 

When Does My Exemption Start?

 

An exemption period (either up to 6 months or 12 months) can only be granted once. The exempt period will start from the first day the property becomes unoccupied and unfurnished.

 

If you are intending to purchase a property that is in need of major repair work, you may wish to check with the Council Tax office to see if an exemption has already been granted.

 

If you purchase an already vacant property that is currently exempt, you will be entitled to the remainder of the exempt period.

 

What Happens at the end of the exempt period?

 

All Council Tax exemptions stop from the date a property is occupied, but if your property is unoccupied when the exemption expires, you will be charged full Council Tax until the property is either sold or occupied.

 

This rate will apply even if you have not completed the repair works. You will not be entitled to a further exempt period.

[Starlet83]

As it says in the first line,

If your property is unoccupied and unfurnished, you will generally be entitled to an exemption from Council Tax of up to 6 months.

 

Like I say your appeal will be thrown out while ever you have furniture in.

[Alastair]

Depends on how 'unfurnished' is defined.

[Starlet83]

Unfurnished as I explained above means that you cannot sit down on anything or sleep which is why I said you need to remove beds and sofas chairs etc etc. They will come round a check too.

[Alastair]

And like I said above I'm still going to discuss this further with the council and take it further if need be. All I know is I was given 100% Council Tax relief in the Cotswolds in 2007 and the upstairs which remained furnished and unaffected didn't alter that.

 

Doncaster also allowed 100% exemption for people who moved out of their homes due to flooding in 2007.

 

I think it comes down to how different councils interpret the law.

[Alastair]

And the good news is that in response to my last letter the Council have agreed that my home is uninhabitable and so I qualify for 100% council tax exemption.

[purdyamos]

And the good news is that in response to my last letter the Council have agreed that my home is uninhabitable and so I qualify for 100% council tax exemption.

 

 

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