Council Tax Exemption

I have a property where there was a water leak that damaged the flat entirely, and the flat is now stripped to the bone where there is no kitchen, no bathroom, and the plaster has been removed to the brick work, and the council said there was no more exemptions, and I have been paying full council tax so cannot see why other councils are giving exemptions.

Can anyone point me to a link where it shows when a landlord has a right to an exemption?

Hi Clint,

That almost definitely cannot be right. But, as others have pointed out, different councils have different rules, so you would need to check on your councils website.

Personally I would stop paying and demand an inspection and a hearing in their tribunal. You can still put aside the money in case you lose and have to pay it back.

They will tell you whatever BS gets you off their backs, and keeps you paying, but as soon as you make a formal complaint and demand a hearing in the tribunal, they will have to take note. Just because they are the council does not mean they have any scruples.

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I agree with Colin, I think you are doing very well under those conditions.

Glad to hear you are getting some reasonable consideration in your area. Pity the other councils don’t take the same attitude. I wish the government would set a national policy that could be debated on, then everyone would know where they stand.

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Should I not have a regulation to point out in respect of stating that I would like the case to be referred to the tribunal? Two councils have told me in the last three years or so that the full council tax had to be paid as there were no special circumstances.

Is there anywhere where it is stated that there are special circumstances when council tax does not have to be paid?

the LA were given authority by central gov. to make up their own rules regarding council tax exemptions

Sorry Clint, I can’t help you there. Have a look on your local councils website, and see what parameters are laid down.

I wouldn’t take their word for it, I think you need to check.

As Colin says, each council have authority to set their own rules on exemptions, but if a property is in a shell state and totally uninhabitable, I find it hard to believe you are not entitled to some consideration.

You could also contact your area C. Tax assessor, and ask them to come round to assess the council tax liability on your property. At least that way you will get another opinion.

A good idea: Let us start a petition demanding to change in the law on council tax for empty property.
I am prepared to work you, Prafula. There is always the Government’s own petition page.
In the meantime I will email NRLA, my other landlords Assoc.
Let me know if you want to exchange email addresses to discuss this further.

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NRLA. I used to love all their meetings . Since amalgamation they only seem interested in selling services etc and I WAS a great fan of them

Not right! Threaten to take the Council to Court, see if that makes them more reasonable.

Have you tried offering the property to the council to rent and maintain. Our council will take a property on for 3 years, but you can give 2 months notice to get it back. The rent is about 80% of the market rent, but they do minor repairs and there are no agency fees.

Fraser1 Have you let them take one of your places?

I have two friends that have used the scheme. I intend to use it when my current tenant moves in January. The tenants they place are on very strict terms - they are waiting permanent homes and if they aren’t model tenants they get kicked of the list. The agreement says home is returned in same state - friends experience was it was returned as she handed it over. Other friend has had tenants in for nearly a year, no problems.

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Good to hear someone is happy with that idea and its worked for them

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Yes it’s good to start.

Yes let me know how to exchange email address to discuss further.

Sounds like a good system.

Which council is that Fraser?

Do they guarantee the rent for the whole period?

Do they only take a property on when they have a tenant in need of it, or do they create their own portfolio of properties?

Is there a particular type / size of property they want?

in our area we have no exemption from council tax , even for two weeks between tenants.
We let a relative, who was a student, stay in our small cottage for free, as long as he paid the bills, and he got exemption, being a student. He also did some decorating as part of the deal. At least the place was warm and looked after., And a tenant came along after a while, through OR.( It took eight months…)
I agree with you that it’s very unfair that we are all penalised by the concept of the landlord as a rich greedy business, but of course there are some of these too.
I own a pub, which has tenants running the bar business, and upstairs residential guests.
The bar tenants got a grant of £10k and furlough for all staff, and never reopened even to do take away. They have now left, taking their money, after I didn’t take any rent over lockdown from them.
However, ( bear with me, there is a point to all this!), The upstairs needed an external staircase for the rooms, and after a massive struggle with the council, I managed to get the council tax removed, because it had 1. A massive hole made for the stairs to come through the wall, and 2. The nature of the business was changing, from residential to business.
So could there be a case for campaigning for business classed rates on let properties?
That way, we could claim small business rate relief.

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The 10k was given out too quickly it was obvious people would take it and run. I got 10k as well for my insulation selling business I am still up and doing well

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Exactly the same with Swindon Borough Council and they frequently threaten compulsory purchase if it’s left empty for more than 6 months!

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At market value ? You might be better off . ! Q. Can they do that under the law?

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Yes evidently
At their reckoning of market value which is not commercially viable