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Top Housing Benefit & Council Tax Benefit topic #1698

Subject: "Council Tax Liability - empty property" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

Council Tax Liability - empty property
Tue 17-May-05 09:40 PM

Property recently been transferred to client after probate granted. It's vacant and in the midst of being sold with the only items left being those awaiting collection by a charity shop. The LA are insisting on charging 50% empty property rates until all furniture removed.

I understood if it was substantially unfurnished then it would be exempt. What's the definition of this? It sounds very subjective to me.

  

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Replies to this topic
RE: Council Tax Liability - empty property, Tony Bowman, 01st Jun 2005, #2
RE: Council Tax Liability - empty property, suelees, 02nd Jun 2005, #3

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Council Tax Liability - empty property
Wed 01-Jun-05 12:15 PM

If you haven't already sorted this out, I suggest you get a copy of CPAG's Council Tax Handbook. Chapter 5 deals with exempt dwellings. It seems the dispute here is whether the dwelling is 'vacant' or 'unoccupied'. Vacant means unoccupied and 'substantially unfurnished'. There is no definition of substantially unfurnished, but the handbook says that LA's tend to interpret as "there are insufficient furnishings to enable someone to live in the dwelling". I would take this to mean things like a bed, chairs, cooker - the essentials.

There is a right of appeal against LA decisions on coucil tax.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Council Tax Liability - empty property
Thu 02-Jun-05 10:18 AM

Thanks Tony. Just as I thought abt the phrase 'substantially unfurnished'.

  

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Top Housing Benefit & Council Tax Benefit topic #1698First topic | Last topic