Council tax - can anyone advise please?

[Florence1960]

My niece has just bought a house. As you would expect, the council tax bill has arrived, including £1,800 2 year empty premium. Surely this can’t be right? The property wasn’t actually empty anyway the estate agent told us that the owners’ son was living there and we saw him ( or someone ) drive off as we arrived.
The council have said it is up to her to prove the property wasn’t empty or she is liable for this extra charge.
What do you think?

What date did the sale complete and what date did your daughter move in?

From the picture your daughter has been made liable from 11/9/20 is should be the date she completed on the property. The council still think the property is empty this charging her200% from 11/9/20 - 31/03/21.

If she was to move in today then she would have a 200% charge from 11/9/20 - 24\9/20 then a normal liability from 25/9/20 -31/03/21

OP: Did you read Waterfalls post?

The additional charge can only be removed by bringing your property back into use. If you bring your property back into use then notify us of this change, we will need to know your reference number and the date of occupation. We will then arrange for a visit to your property to confirm the information you have provided

All she has to do is move in.

As other PPs have also said.

Thanks, I have said a few times to her that they’ll sort it but she’s obviously worried and they did tell her on the phone that she was liable for the full amount. They were planning to spend a couple of weeks doing it up and have been staying, but not every night. I’ll tell her she needs to be sleeping there and she’ll give them a ring on Monday.

Does this help at all OP?

www.google.co.uk/amp/s/amp.theguardian.com/money/2020/jul/20/is-a-bill-for-council-tax-empty-homes-premium-correct

Relatively recent, from May 2020.

I wouldn’t be inclined to ring; I would write them a formal letter.

The property would need to be substantially furnished for them to consider removing the premium.

Agree with all the advice given above spec those about proving ownership/liability date and poss existing CT liabilities as part of the Sale.

Just to add that many District Councils, including my own, produce several, often incorrect, Council Tax Bills as they continue with their calculations until a Final Calculation is reached.

I have to say that this year has been pretty exceptional for ever-changing Council Tax Bills. At least 5 so far this year.

The best way to ensure your DN doesn't fall foul is to set up DD payments for their latest Council Tax Bill - as the various corrections to the Bill are made the DD payment readjusts, taking into account any overpayments.

Of all the Bills to keep on top of Council Tax is as high as Rent/Mortgage because they are notoriously quick to take Court Action (often after just 6 weeks of non-payment) even if the mistake is completely theirs.

I think there's two separate problems here, and different people are answering different problems

1. what is the rate of council tax due on the property?

2. who is liable for paying the council tax?

My understanding would be that the rate liable is 200%, because the property has been empty, and this 200% will continue until your neice (or someone else) moves in.

Your niece should be liable only from the day she bought the property.

So if she presents evidence of the date of completion, they should adjust her bill to 200% from the date of completion.

But she would need evidence of occupancy (hers or the previous owner's) to get the rate put back down to 100% (or 75% if she is living there on her own).

That bill looks ok.

They're charging her as if the house is empty from when she bought it to march next year.

Once she has actually moved in she can notify the council and they will then start and charge the usual rate from that date.

In my council, we don't charge the premium once the property is back in use, substantially furnished & being lived in (we have inspectors who will check). However, I didnt realise that councils can interpret the rules as they wish & there isn't set legislation. The Guardian article below has some further details on how to argue against it

www.theguardian.com/money/2020/jul/20/is-a-bill-for-council-tax-empty-homes-premium-correct

Piglet89 I didn't realise you had posted the link, I didnt refresh between writing my 2 posts!

Wow this is one of the most bizarre things I have heard.
A property is empty so no one using any council services at all, but you have to pay double the council tax???
Have I drunk too much gin?

@Fairyliz I believe it’s way of trying to ensure properties are not left empty and to bring housing stock back in to use

I owned a flat, with a council-owned property directly below. The block was restricted to vulnerable tenants only (elderly, disabled etc.) At 8 months pregnant the council let the flat to an 18 year old care leaver, who played thumping dance music night and day and had all his druggie friends round shouting and banging on the doors and windows. We moved out immediately and stayed with my mother for the birth and several weeks afterwards whilst we put the flat on the market and looked for somewhere quiet to rent. The council tax doubled and we kept getting letters from the council asking what they could do to encourage us to bring the flat back into usage. NOT LETTING THE DOWNSTAIRS FLAT TO A SELFISH TWAT would have been a start. Nightmare.

It's definitely a future bill from completion date rather than an arrears bill. Does seem strange that the previous owner would have not declared someone was living at the property if they were in order to avoid the empty property surcharge which they must have been paying.

Niece needs to declare she's been staying at the property since purchasing as most councils no longer allow any free periods between owners and as you have seen, the situation can be the opposite if it's previously been empty for a time. Worst case scenario she calls them on Monday and she'll have to pay the empty property surcharge from 11th to 27th Sept and then the regular CT from then onwards if they don't accept she's already been 'living' at the house. Best case they will accept she's been living at the property and reissue a bill from 11th Sept at the standard rate. The whole point of the surcharge is to discourage property from sitting empty for years in the hope they will increase in value but removing it from the general housing stock.

This case does raise an important point though, solicitors need to be checking CT liability as part of the buying process. Sometimes it not obvious if a house is empty or how long it might have been empty but if you buy a property and don't plan to move in straight away for whatever reason or will be renting out so looking for tenants surely it's your right to know as a buyer if you CT liability is going to be greater than the published rates either from the off or at any point before you have left the house empty for the full period normally given before the surcharge would be payable.