Council Tax question

[olrac123]

Hello all, posted previously regarding considering moving out of our house and returning keys to NR. Well we did this and the keys were returned to NR in July. I informed the Council Tax people who asked us to take photographic evidence that the house was empty (done) and this has been submitted to their office in July.

 

Now we have received a letter from the local Council Tax office stating we owe them money as we are still (in their opinion) responsible for the house, irrespective of returning the keys, therefore responsible for the council Tax.

 

Where do we stand in regards to this point? We do not live in the UK anymore.

Many thanks,

[caro]

Why have they said you're still responsible for CT? Is the property empty of furniture?

[olrac123]

Hello -the property is completely empty, the power and phones are disconnected. There is not a scrap of furniture in the house. all rooms are bare of any habitation.

 

Cheers

[caro]

There is usually a maximum of 6 months CT free for an empty property. Although you have given the keys back to NR, do they legally have possession of the house now. ie does it belong to you or NR?

 

Exemptions and empty homes

 

There are limits on how long empty homes won't be charged Council Tax:

• unfurnished homes where no one lives are exempt for up to six months
  
• homes undergoing major repair work or structural changes (eg rebuilding walls and floors) are exempt for up to 12 months
  
• homes where the owner has died are exempt for up to six months after probate is granted (your legal right to sell the home)
  

After this time, the property may qualify for an empty homes discount.

Some homes are exempt for as long as they remain empty. They include homes:

• of someone in prison (except for not paying a fine or Council Tax)
  
• of someone who has moved into a care home or hospital
  
• that have been repossessed
  
• that cannot be lived in by law
  
• that are kept empty because they have been compulsory purchased and so will be demolished
  

http://www.direct.gov.uk/en/HomeAndCommunity/YourlocalcouncilandCouncilTax/CouncilTax/DG_10037422

[olrac123]

Hello -we had substantial arrears in the mortgage and after several months of letters,threats etc from NR. We had already put the house up for sale last summer and there was very little interest in it.

So after a year of no sale, all these things combined we decided to call it a day. No job, little income, downward spiral etc -so we posted recorded delivery the keys back to them after moving out. We did not sign any handover documents etc.

 

So we have no access to the house, we have sent all the sets of keys back to them. This was in July 2011 -do they automatically take ownership at that point?

 

Many thanks!

[IdaInFife]

I am in a similar position at the moment where I gave the keys back to the bank and they are trying to say the did no take ownership of the propert until 8 months later. I emailed them when I recieved the 10 year old council tax demand - then then applied a 6 months exemption and still want the remainder. I am currently appealing as the bank had the only set of keys and it was voluntarily surrendered. Also it is harder for me to prove as it was 10 years ago.

[olrac123]

Hi Ida - what are the consequences of NOT paying the Council Tax? I have open decrees and defaults coming out of my ears so I am not easily phased - however we are planning to travel occassionaly back and forth of course as family are still in Scotland but do NOT want to get arrested at the passport control on re-entry! any ideas on that?

 

As far as I am concerned NR are now in charge.

 

Many thanks!