Council During a Vacancy

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  • #166890
    Euan Kennedy
    Participant
    (156)

    I have two questions:

    1. Our Local Authority, Lambeth Borough in London, is saying that the six months exempt period
    is to run from the date of death of our resident, rather than when here family vacated the
    house some three months later. Has anyone experience of such circumstances? (I have looked
    at he Valuation Office booklet of Council Tax, but not found any guidance there.)
    2. Lambeth also tell us that we should pay Council Tax whilst they consider whether we are
    eligible for exemption. Has anyone experience of this, surprising demand?

    Our Council Tax Administrator is Capita Limited who have caused me quite a few difficulties.

    Euan Kennedy – Hibbert Almshouse Charity

    #166906
    clerk.stjohnswilton
    Participant
    ()

    Euan

    No – never heard of such a rule.

    Capita are not applying the national rule that is actually to be found on Lambeth’s own web site. Search for ‘Lambeth council tax what to do when someone dies.’

    The property is exempt from CT until probate is granted and then for another 6 months after that. If someone else occupies the property in their own right meanwhile, then they pay CT until they, in turn, leave or die. Simples..

    Nick Stiven
    clerk@stjohnswilton.org.uk

    #166983
    Euan Kennedy
    Participant
    (156)

    Nick Stephen,

    Thank you very much for your most helpful reply.

    I have pointed out to Lambeth/Capita the Exemption available when someone dies, but they persist in their
    claim. In the end we have appealed to the Valuation Agency, and paid Lambeth/Capita what they are
    asking. Of course I confidently expect a ruling in our favour.

    Dealing with this sub-contracted arm of the State is like dealing with a corrupt organisation, and I say that
    not just from my experience in this instance.

    I will let you know the final result, though I think the appeals process takes some months.

    Euan Kennedy – Chair – Hibbert Almshouse Charity

    #167093
    Tina LL
    Participant
    ()

    For the exemption to be granted – the charity needs to confirm that the last occupant met the qualifying criteria in the trust deed. Anyone else paying the wmc may not meet the criteria, even if they are waiting for probate to be granted.

    #167144
    Euan Kennedy
    Participant
    (156)

    Tina,
    Thank you for this extra piece of information, though, surprisingly, I would say, it is not something that Capita have brought up.
    Euan Kennedy – Chair – Hibbert Almshouse Charity

    #167648
    clerk.stjohnswilton
    Participant
    ()

    This question of Council Tax Exemptions on the death of an almshouse resident has been bugging me, since my original response to Euan Kennedy’s question, so I have been busy researching it further.

    I have looked, specifically, at my local council’s website (Wiltshire) and with its help have now concluded that after an almshouse resident dies, the empty almshouse unit would typically be eligible for a Class B council tax exemption, not a Class F.

    While Class F is used for properties left empty after a death, the specific rules for almshouses as charity-owned properties make Class B the relevant exemption.

    Here is a breakdown of why this is the case:

    Class F exemption (applies to properties where the owner has died). The exemption lasts until 6 months after probate is granted.

    A Class F exemption applies when a property is empty after the death of the person who lived there, provided the property was owned by the deceased.

    Almshouse residents are not typically owners; they are granted a license to occupy the property, which ends upon their death.

    As the almshouse charity retains ownership, a Class F exemption for the resident’s death does not apply.

    Class B exemption (applies to properties owned by a charity)

    A Class B exemption is for properties that are owned by a charity and were last used for the purposes of that charity.

    Since almshouses are owned by a charity and used to house beneficiaries, an empty unit can qualify for this exemption.

    The exemption is valid for up to six months from the date the unit becomes empty. After six months, the local authority is entitled to charge full council tax on the property.

    Important considerations

    It is the almshouse charity’s responsibility to notify the local council of the vacancy and apply for the Class B exemption.

    If the almshouse unit is reoccupied before the six-month period expires, the exemption will end.

    Regards

    Nick Stiven
    clerk@stjohnswilton.org.uk

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