COUNCIL TAX QUESTION - re. vacant property of deceased in-laws

[aznerak]

Hi there

My mother in-law passed away last March and my father in-law in December.

My sister in law has been living in the property until now and has been paying single occupancy council tax.

She is moving back to Australia now both parents have passed away and the house is on the market to be sold. However, in the current climate, it is not looking much like selling.

The house has minimal furniture and will be totally empty.

Probate has all been sorted and until the house sells, it has been put into the 4 children's names.

Does anyone know what council tax we will have to pay until it sells? Is there any kind of discount for a vacant property?

There are 4 children (all grown ups) who jointly 'own' the house now that the parents are deceased. 2 live in Australia and the other 2 both live in the UK and both pay full council tax on their own properties.

Any advice gratefully received - the lady at the Council today was unbelievably rude, unhelpful and totally uninterested in our situation, saying we qualified for no discounts and if we had any issues, to contact the local MP!

Thanks for anyone who can help with this!

Around here ( Stockport) you can have 6 months free on vacant premises, then it is back to full whack !

so long as it's empty you've exempt for 6 months according to my council's website

I know the council I work for do 6 months break (i.e. no tax at all) for unfurnished and unoccupied property. Is there anywhere else you could store the furniture?

I think you would be in tricky situation for claiming exemption as a result of death of occupants because your SIL has lived in property since then.

Complain about lady at council. Surely this is a common enquiry? It is at ours at any rate.

we've moved abroad and our house is empty until we can rent it, and have a 6mth waiver on it, and after that at a reduced rate.

If your sil has been living there and has now left and the property is 'substantially unfurnished', then you should qualify for a six month exemption, under the LGFA 1992, followed by a 50% discount. However, substantially unfurnished means just that. If you have a bed / sofa there, it will be classed as furnished, as they could claim that someone could move in and live there. I know also that some councils have taken away the 50% discount after the 6 month exemption ceases, as that discount could be applied in theory for ever.

You cannot claim for preprobate and postprobate exemptions as your sil lived there.

Are you near the Council in question? If so, go in and explain the situation with the details of all four liable people, with addresses, and insist that the system is updated to reflect this from the date your sil moves out. Ask for the exemption, and an inspector to be sent to view the property to verify that it is substantially unfurnished. If you don't live near the Council then write with all the above information, and send it guaranteed next day delivery (signed for), so they can't claim they haven't had it. Chase them after three weeks if you haven't received a response...a bill will count as a response.

If it doesn't sell, then I'd rent it out for a while, as the tenant will be liable for the bills and not you.

Hope that helps.