council tax - empty properties premium

[timBuckley]

Hi there,
I moved into a static mobile home in Jan 2011 with my dog. I bought a flat in London in Jan 2012. This remained empty until Dec 2012, when my dog died. I then moved from my mobile home to my flat. While my flat was empty I was accorded a 50% discount on my council tax for the flat for 6 months. After six months I paid full council tax on my flat as well as my mobile home. At the beginning of this year, the council sent me a letter saying that my flat had been empty for 2 yrs and I would now be charged an additional 50% on top of the full council tax for the flat, as well as full council tax for my mobile home. They've increased my direct debits to reflect this. I've sent them no end of bills(scanned, by email) showing my gas and electricity usage(and water usage) in my flat during the year when they seem to have assumed it remained empty. They asked for these bills as proof of occupancy so that they could update their records. But I've heard nothing back from them and its been a month now. It's as if they don't want to acknowledge that they made a mistake. Should I stop paying and argue my case with the magistrate? Or should I give them more time to sort it out? Is there anything else I can do to make them stop charging my the extra 50 % on my flat?

Hope everyone is having a good day.
Thank you for your thoughts on this matter.

Tim

[bluebottle]

Re: council tax - empty properties premium

Hi Tim and welcome to Legal Beagles.

Is the council threatening you with any form of legal proceedings?

[timBuckley]

Re: council tax - empty properties premium

Hi bluebottle, thanks for replying. No they are not because I have not refused to pay yet. I let them unilaterally jack up my direct debit by 50 % and have paid this for the last few months. I am considering whether I should refuse to pay, to get the thing sorted but I would rather they corrected the situation without me getting classed as a non-payer and going to court etc. But I am prepared to do this if I stand a chance of winning the case.

Best wishes,
Tim

[Wombats]

Re: council tax - empty properties premium

You shouldn't stop paying, as that will lead in one direction only - LO's against you, followed by enforcement action. I would ask your local councillor and MP to get involved to help sort it out. The link below will help you find them if you're unsure who they are:

https://www.writetothem.com/

[timBuckley]

Re: council tax - empty properties premium

Thanks for this info and advice - I appreciate it. Seems like this will take a while to sort out....

Tim

[enquirer]

Re: council tax - empty properties premium

As advised by Bluebottle, do not refuse to pay. This is what they want - they will obtain an LO (Liability Order) and then set the heavies on you. Make it clear in all your correspondence that it is the amount that is in dispute.

As they will continue to help themselves, it might be wise to cancel the direct debit. Use cheques as these are easily traceable.

Council staff will lie without hesitation, so do not deal with them by email or telephone. Put everything in writing.

Write out a clear chronology, showing full calculations. Send it Recorded Delivery, directly to the Chief Executive. Make it clear that it is a formal complaint. You might observe in passing that as you have received no response to the documents that you sent, 'it is to be hoped that these have not been lost or discarded, as this would raise Data Protection issues'.

[bluebottle]

Re: council tax - empty properties premium

As advised by Wombats, do not refuse to pay. This is what they want - they will obtain an LO (Liability Order) and then set the heavies on you. Make it clear in all your correspondence that it is the amount that is in dispute.

As they will continue to help themselves, it might be wise to cancel the direct debit. Use cheques as these are easily traceable.

Council staff will lie without hesitation, so do not deal with them by email or telephone. Put everything in writing.

Write out a clear chronology, showing full calculations. Send it Recorded Delivery, directly to the Chief Executive. Make it clear that it is a formal complaint. You might observe in passing that as you have received no response to the documents that you sent, 'it is to be hoped that these have not been lost or discarded, as this would raise Data Protection issues'.

I fixed your post for you.

[timBuckley]

Re: council tax - empty properties premium

As advised by Bluebottle, do not refuse to pay. This is what they want - they will obtain an LO (Liability Order) and then set the heavies on you. Make it clear in all your correspondence that it is the amount that is in dispute.

As they will continue to help themselves, it might be wise to cancel the direct debit. Use cheques as these are easily traceable.

Council staff will lie without hesitation, so do not deal with them by email or telephone. Put everything in writing.

Write out a clear chronology, showing full calculations. Send it Recorded Delivery, directly to the Chief Executive. Make it clear that it is a formal complaint. You might observe in passing that as you have received no response to the documents that you sent, 'it is to be hoped that these have not been lost or discarded, as this would raise Data Protection issues'.

Hi enquirer, thanks for replying. I went in to the council offices recently and spoke to one official who confirmed that their taxation dept had received all my emails with copies of utility bills included. She gave me her name which might be useful when I complain. She said they are still processing my case but how long can it take? Thanks for your advice. By advising me not to refuse to pay do you mean I should not even refuse to pay the extra 50% until I get it sorted(hopefully)through the complaints procedure?

All the best,
Tim

[bluebottle]

Re: council tax - empty properties premium

Local authorities are very adept at taking money they are not entitled to demand from residents and deluding themselves that it is their money to do with as they see fit. I had this when my local authority charged for gas safety checks on council houses, found out the charge was illegal and tried to force residents to allow them to offset it against future rent/Council Tax. When it was pointed out to them that it was money they were not entitled to take in the first place and that for them to coerce those affected into letting them do what the council wanted they were in breach of the law, they backed down straight away. They knew they had broken the law, had admitted it in writing, but still acted like muppets.

It would do no harm to put it in writing to the local authority in your case that although you will be paying what they ask, it is on an ex gratia basis only and you will be seeking reimbursement of all and any overpayments. It is very important that this is made clear. The term ex gratia means "without legal compulsion".

[enaid]

Re: council tax - empty properties premium

Is or was your Holiday home on a residential site ?

[timBuckley]

Re: council tax - empty properties premium

Local authorities are very adept at taking money they are not entitled to demand from residents and deluding themselves that it is their money to do with as they see fit. I had this when my local authority charged for gas safety checks on council houses, found out the charge was illegal and tried to force residents to allow them to offset it against future rent/Council Tax. When it was pointed out to them that it was money they were not entitled to take in the first place and that for them to coerce those affected into letting them do what the council wanted they were in breach of the law, they backed down straight away. They knew they had broken the law, had admitted it in writing, but still acted like muppets.

It would do no harm to put it in writing to the local authority in your case that although you will be paying what they ask, it is on an ex gratia basis only and you will be seeking reimbursement of all and any overpayments. It is very important that this is made clear. The term ex gratia means "without legal compulsion".

I'm glad you got a satisfactory result from them eventually. I feel I've pointed out to them that they are breaking the law with me too and supported abundant evidence to prove it but unfortunately they are just ignoring me. I've been communicating with them by email and have sent them abundant proof. Initially I sent them copies of bills by post but they said they did not receive them. (Surprise, surprise) But like I say I now have confirmation from a council official that they have received my emails with the scanned utility bills, even though they have not acknowledged receipt by email.

I will send them a letter by recorded delivery stating what you suggest. Thank you for your help.

[bluebottle]

Re: council tax - empty properties premium

I'm glad you got a satisfactory result from them eventually. I feel I've pointed out to them that they are breaking the law with me too and supported abundant evidence to prove it but unfortunately they are just ignoring me. I've been communicating with them by email and have sent them abundant proof. Initially I sent them copies of bills by post but they said they did not receive them. (Surprise, surprise) But like I say I now have confirmation from a council official that they have received my emails with the scanned utility bills, even though they have not acknowledged receipt by email.

I will send them a letter by recorded delivery stating what you suggest. Thank you for your help.

You're welcome, Tim. The ex gratia bit is the most important. Because they have not proven you owe the money they claim you do, strictly speaking, they cannot legally-compel you to pay what they want or demand. Therefore, in the absence of such evidence, payment can only be on an ex gratia basis. Until they produce clear and conclusive evidence of liability, they cannot use the Council Tax (Administration and Enforcement) Regulations 1992 to justify or legitimise their demands.

[Wombats]

Re: council tax - empty properties premium

Local authorities are very adept at taking money they are not entitled to demand from residents and deluding themselves that it is their money to do with as they see fit.

Sorry to be the bearer of bad news, but the above is actually incorrect.

I've looked into this a little further for you and sadly the council are perfectly within their rights to do as they have.
From 1 April 2013, local authorities may also set an ‘empty homes premium’ for long-term empty properties. Properties which have been unoccupied and substantially unfurnished for over two years may be charged up to 150% of the normal liability. Alternative provisions apply in Scotland, and similar provisions are currently under consideration in the National Assembly for Wales.

The relevant report is linked below:


Council tax : discount on second homes and long-term empty properties ( PDF, 7 pages, 220.5 KB)

[bluebottle]

Re: council tax - empty properties premium

Sorry to be the bearer of bad news, but the above is actually incorrect.

I've looked into this a little further for you and sadly the council are perfectly within their rights to do as they have.
From 1 April 2013, local authorities may also set an ‘empty homes premium’ for long-term empty properties. Properties which have been unoccupied and substantially unfurnished for over two years may be charged up to 150% of the normal liability. Alternative provisions apply in Scotland, and similar provisions are currently under consideration in the National Assembly for Wales.

The relevant report is linked below:


Council tax : discount on second homes and long-term empty properties ( PDF, 7 pages, 220.5 KB)

That is something new I have learned today. Thanks for that, Wombats. However, in my experience, local authorities are very good at levying charges, finding out the charges are not backed by legislation, as happened in my case, and then try to hang on to it, only to be challenged by savvy residents and have to pay the money back PDQ.

[timBuckley]

Re: council tax - empty properties premium

Sorry to be the bearer of bad news, but the above is actually incorrect.

I've looked into this a little further for you and sadly the council are perfectly within their rights to do as they have.
From 1 April 2013, local authorities may also set an ‘empty homes premium’ for long-term empty properties. Properties which have been unoccupied and substantially unfurnished for over two years may be charged up to 150% of the normal liability. Alternative provisions apply in Scotland, and similar provisions are currently under consideration in the National Assembly for Wales.

The relevant report is linked below:


Council tax : discount on second homes and long-term empty properties ( PDF, 7 pages, 220.5 KB)

Hi Wombats, thanks for looking into this for me - I appreciate it. I'm aware of the empty properties premium legislation though. Unless I'm missing something the property has to be empty for 2 years before they can apply the surcharge. My flat was empty for a year only - then I moved in and I have lots of utility bills to prove it. This is my basic beef with the council. They just assumed it remained empty for the following year and then hit me with the surcharge. I understand now I should have informed them as soon as I moved in and I can accept I was wrong there. The Kafkaesque part about this is that I spend six or seven days a week in this flat now and I can't get them to believe me. I have got another place(static mobile home) where I used to live but hardly spend any time in now and am in fact trying to get rid of.
Best wishes,

Tim