Arrears on an empty refurbished property

[happycamper]

Hi I was wondering if you could help i have a council tax bill for 2013/14 which I am struggling to pay, several years ago my dad brought a property, for the last few years my dad has been ill with various mental health issues and the property has been virtually empty and unoccupied, it has also been in a poor state of repair, uninhabitable with no working kitchen, bathroom or running water.

As my dad has been ill I decided to renovate it so that it could be rented out and my dad could get some income. I spent about £20k on refurbishing the property last year, I put in a new/kitchen bathroom, replastered the whole house, done a lot of roofing work as there was a lot of leaks, taken up the floors to replace the old watermain that was leaking, installed a combi boiler central heating, rewired the house and installed a new consumer unit.

I have asked the council if I can get any discounts to the council tax, when I rang the council told me I should be elligible for a 50% discount as the property was being renovated if I sent evidence, however on sending the evidence the council have told me that I would "not qualify for the discount. This is due to no major structure works are been carried out on the property."

Any advice greatly received, it seems harsh to me that I have to pay full council tax for last year when:

• [*=1]My dad has mental health issues and he can't manage his affairs (he was in hospital last year as a result).
  [*=1]I did a major renovation on the property.
  [*=1]The house has been empty for 10+ years and I am doing the right thing for the community etc by getting it back into occupation.

Thanks

Happy Camper

[enaid]

Re: Arrears on an empty refurbished property

I can only say the refurb you did on the house is not classed as 'major structural work' by your particular council and probably by most of them. I can only imagine they class this as still being habitable as when they do similar jobs on their own properties I doubt they move people out for those works.
If your dad even though he doesnt live there (and this is the only property he would claim exemption on) is responsible for the council tax on the property he may be exempt from council tax all together if his mental health issues are proven and accepted by the council . You should be able to find the exemption form online at your councils website.

[Wombats]

Re: Arrears on an empty refurbished property

I can only say the refurb you did on the house is not classed as 'major structural work' by your particular council and probably by most of them. I can only imagine they class this as still being habitable as when they do similar jobs on their own properties I doubt they move people out for those works.
If your dad even though he doesnt live there (and this is the only property he would claim exemption on) is responsible for the council tax on the property he may be exempt from council tax all together if his mental health issues are proven and accepted by the council . You should be able to find the exemption form online at your councils website.

This link should help you find the relevant form:

https://www.gov.uk/apply-for-council-tax-discount

[Crazy council]

Re: Arrears on an empty refurbished property

All you should have to say is the property was uninhabitable.

No hot water ( ie boiler not switched back on or no corgi ). for any of the period
Re-wire not commissioned yet
Or any number of works reasons that you can not do arround a tenant.

council make it so diffictult these days, there used to be a time, were the staff that you called, help you fit in with the discounts within reason, now, they seem to look for reasons to exclude you unless you say the exact correct wording on the forms.

[CYNthesys]

Re: Arrears on an empty refurbished property

I agree with Enaid that mental incapacity results in total exemption

[FlamingParrot]

Re: Arrears on an empty refurbished property

Hi I was wondering if you could help i have a council tax bill for 2013/14 which I am struggling to pay, several years ago my dad brought a property, for the last few years my dad has been ill with various mental health issues and the property has been virtually empty and unoccupied, it has also been in a poor state of repair, uninhabitable with no working kitchen, bathroom or running water.

As my dad has been ill I decided to renovate it so that it could be rented out and my dad could get some income. I spent about £20k on refurbishing the property last year, I put in a new/kitchen bathroom, replastered the whole house, done a lot of roofing work as there was a lot of leaks, taken up the floors to replace the old watermain that was leaking, installed a combi boiler central heating, rewired the house and installed a new consumer unit.

I have asked the council if I can get any discounts to the council tax, when I rang the council told me I should be elligible for a 50% discount as the property was being renovated if I sent evidence, however on sending the evidence the council have told me that I would "not qualify for the discount. This is due to no major structure works are been carried out on the property."

Any advice greatly received, it seems harsh to me that I have to pay full council tax for last year when:

• [*=1]My dad has mental health issues and he can't manage his affairs (he was in hospital last year as a result).
  [*=1]I did a major renovation on the property.
  [*=1]The house has been empty for 10+ years and I am doing the right thing for the community etc by getting it back into occupation.

You may want to look at this website with regards to exemptions due to mental health issues: http://www.disabilityrightsuk.org/help-council-tax

2.2 Council tax exemptions

Your property may be exempt from council tax charges altogether. Exemptions include if you (and everyone else living with you) are severely mentally impaired and no one else in the property is liable to pay council tax.

Severely mentally impaired means you have a 'severe impairment of intelligence and social functioning (however caused) which appears to be permanent’; and have a certificate from a registered medical practitioner confirming this. You must also be entitled to one of the following:

• disability living allowance (DLA) middle or highest rate care component.
• personal independence payment (PIP) daily living component (either rate).
• armed forces independence payment
• attendance allowance (AA), constant attendance allowance (paid as part of industrial injuries benefits or war pensions) or an equivalent benefit.
• employment and support allowance.
• incapacity benefit (any rate).
• severe disablement allowance.
• income support which includes a disability premium (or your partner has a disability premium for them included in their income-based jobseeker’s allowance).
• you are over state pension age and would have been entitled to one of the above benefits if you were under state pension age.
• universal credit including a ‘limited capability for work’ or a ‘limited capability for work and work-related activity’ element.
• the disability element of working tax credit
• you are over state pension age and would have been entitled to one of the above benefits if under state pension age

[Wombats]

Re: Arrears on an empty refurbished property

I agree with Enaid that mental incapacity results in total exemption

Just to clarify, to avoid confusion, if you live with someone who is classed as 'Severely Mentally Impaired', total exemption for that person means you're classed as the only adult so receive a 25% single person's discount. You are not exempted from all CT sadly!

[Crazy council]

Re: Arrears on an empty refurbished property

hi

Just to clarify, to avoid confusion, if you live with someone who is classed as 'Severely Mentally Impaired', total exemption for that person means you're classed as the only adult so receive a 25% single person's discount. You are not exempted from all CT sadly!

agree 100% also

I did a major renovation on the property.

The house has been empty for 10+ years and I am doing the right thing for the community etc by getting it back into occupation.

and am guessing that the council asked you if you was going to rent it out... and you answered yes, and thats when they said you did not qualify.... and that would be correct under current CT regs. The regs changed a few years ago to say they could charge you 50% if its empty for more than 6 months AND FIT TO LET. ( if your farthers moving back in as his sole residence, the following would still apply )

A property is not habitable if it doers not have provision for how water to wash, provision for washing, secure door/windows or any number of health and saftey issuse and its the easiest way to deal with CT paperwork, and easyer for CT to fget it through there system than applying discounts. It the way most property developers and landlords refurbishing keep the council at bay, by not commissioning or fitting the boilers untill its ready to let.

So, i understand the mental health issue, but i presume the council are going forward by considering the property was available to let over that period. So i would suggest email them a letter, addressing your fathers issue, but make it clear that while it was being refurbished, it was not fit to let..... Have they applied for a liability order yet for the debt ?

[FlamingParrot]

Re: Arrears on an empty refurbished property

Just to clarify, to avoid confusion, if you live with someone who is classed as 'Severely Mentally Impaired', total exemption for that person means you're classed as the only adult so receive a 25% single person's discount. You are not exempted from all CT sadly!

Indeed, that's why I posted that quote:

2.2 Council tax exemptions

Your property may be exempt from council tax charges altogether. Exemptions include if you (and everyone else living with you) are severely mentally impaired and no one else in the property is liable to pay council tax.