Council Tax Exemption

[Mubes Jnr]

I am a first time landlord and I have recently decided to sell my property.

The tenants have recently moved out and we both have informed the council of this change in situation.

Here's the rub; the council- when in conversation with their Council Tax enquiry dpt, say that I now owe council tax (CT) as the property reverts back to my responsibility.

I said that it is unfurnished- except for fridge, washing machine and cooker, of which they say constitutes furnished. Therefore, they say that I must pay a full CT with only a 10% discount.

I say the property is unfurnished and is empty and unoccupied. Therefore, I must qualify for the 6 month exemption period.

Is this true? And what is the legal deffinition of 'furnished'?

In addtion, they even said that as I was living somewhere else this must then be a second home. Thereby qualifying only for the 10% doscount.

So who is right? And are they really trying to pull a fast one on me?

Apologies for length of thread but I need help on this as I have a freind with several btl and she has never had to pay CT for vacant periods of her properties. They are in a different borough though.

Many thanks,

Mubes Jnr

[Poppy]

Sorry but you're gonna have to pay 90% council tax until you dispose of the property or rent it out again.

Found an example of Mr and Mrs A.
Mrs A is registered for council tax on the main home paying 100%.
Mr A "moves in" to the other property and registers as single for council tax purposes.
Mr A can only do this on one property.

I don't know what to make of this.

[Tax Accountant]

I don't think there is any basis for saying this is your second home.

Equally, I don't think there is any basis for saying that the property is furnished simply because it contains fridge, washing machine and cooker.

Tell them it is unfurnished and if necessary, ask them to proce that the property is considered furnished. If necessary, remove these items to the garage or a store.

Ramnik

[Mubes Jnr]

Many thanks all for your help and advice.

Yes Tax Accountant and Wickerman I agree. The little that I could source from internet and from my friend who has her own property protfolio is that they are trying to incorrectly apply payment responsibility.

I am happy to pay any mandatory amount as prescribed by relevant local govenrnment taxation legislation. However, misapplication is not on! I think now I will be insisting that the property is exempt for the first six months as given by Lewisham councils own description of exemptions; i.e Class C Unoccupied and substantially unfurnished.....etc.

And yes if necessary I will move them for any inspection.

The annoyance is that I now live miles away and do not use any of this council's services!

[Tax Accountant]

Many thanks all for your help and advice.

Yes Tax Accountant and Wickerman I agree. The little that I could source from internet and from my friend who has her own property protfolio is that they are trying to incorrectly apply payment responsibility.

I am happy to pay any mandatory amount as prescribed by relevant local govenrnment taxation legislation. However, misapplication is not on! I think now I will be insisting that the property is exempt for the first six months as given by Lewisham councils own description of exemptions; i.e Class C Unoccupied and substantially unfurnished.....etc.

And yes if necessary I will move them for any inspection.

The annoyance is that I now live miles away and do not use any of this council's services!

I normally communicate in writing by letter, fax or email. That way, everything is on record and they cannot deliberately or otherwise misinterpret what has been said.

I also find that heading your letter ''official complaint' works wonders and employees have to think long and hard before picking up a fight, especially if they are on weak grounds.

Ramnik