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Council Tax

My Mother passed away 2 1/2 years ago Her flat which she owned and left to me has remained empty of people and furniture, I ...

  1. #1
    A Bit Bored Harpersmith@'s Avatar
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    Default Council Tax

    My Mother passed away 2 1/2 years ago Her flat which she owned and left to me has remained empty of people and furniture, I now have permission to move in (you used to have be retired but they've relaxed the rules)

    Legally I don't own it for the next few weeks until the brief has done his job and got my name on the lease

    The question is am I going to get hit with a big bill? Which I doubt if I can pay

    Any ideas?
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  3. #2
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    Default Re: Council Tax

    I'd guess her estate is responsible for the bills until the house passed to you, at which point they become your problem.

    There is, afaik, a discount applied to Council Tax on unoccupied properties though. Might take a little of the sting out of the bill.
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  4. #3
    A Bit Bored Harpersmith@'s Avatar
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    Default Re: Council Tax

    After paying her funeral costs and beneficiaries in her will there was little left When the flat becomes mine and I move in I'm willing to pay Council Tax. No one should expect to live free

    So let's accept that there is no estate, Where does that leave me?
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  5. #4
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    Default Re: Council Tax

    Ask the brief or the executor if they have been receiving and paying the bills.
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  6. #5
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    Default Re: Council Tax

    Under English law, on someone's death, if they were to sole occupier, the council tax payable by the estate is zero for six months after the grant of probate and the local authority must be informed at the time of death and probate. After six months, the executor of the estate or any new occupier/owner becomes liable to pay.
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  7. #6
    At One with Life BananaMan's Avatar
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    Default Re: Council Tax

    You can pay over several months, I would think

    It seems a bit odd to be worrying about that when you've inherited a property, but I guess that does happen sometimes
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    Should Get Out More mrlongbeard's Avatar
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    Default Re: Council Tax

    Quote Originally Posted by BananaMan View Post
    You can pay over several months, I would think

    It seems a bit odd to be worrying about that when you've inherited a property, but I guess that does happen sometimes
    2 years worth + current year, that's a whole hill of beans to worry about!!!
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    At Work BigFella's Avatar
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    Default Re: Council Tax

    These guys are human! - and FWIW I suggest that you go and have a face to face with them,
    Not sure if it is the same in Englandshire but up here, on an unoccupied property, it's levied at 50% after the first six months, but it doesn't seem to be in tablets of stone.
    Good Luck.
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    Should Get Out More Taipan's Avatar
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    Default Re: Council Tax

    Talk to the Council. If it hasn't been paid and you dont have the money to pay them and it wasn't yours until now, I very much doubt they'll bother or have the budget to pursue it. Councils inevitably have to write off some debts and often do so. They'll be panel to sit in front of or a process to go through but I reckon you'll get the desired outcome if you talk to them and explain the situation.
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    Default Re: Council Tax

    Quote Originally Posted by Harpersmith@ View Post
    Legally I don't own it for the next few weeks until the brief has done his job and got my name on the lease
    Any liability for council tax up until you legally own the property will rest with the executor of the estate, not you. If there are no funds left in the estate I would have thought the only option for the council will be to write off any unpaid bills.

    EDIT: Reading the answers below I think they are right and I'm wrong.
    Last edited by pajr777; 09-08-12 at 11:06.
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  12. #11
    Monkey See Pugwash's Avatar
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    Default Re: Council Tax

    I don't understand how you say there's nothing in the estate if the flat forms part of it. If there are liabilites to the estate then the executor would not be able to wind up the estate and distribute the proceeds (such as the flat) without having the means to pay off the debts. Can you not ask the executor what the position is?
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    Really Bored Templar's Avatar
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    Default Re: Council Tax

    Quote Originally Posted by pajr777 View Post
    Any liability for council tax up until you legally own the property will rest with the executor of the estate, not you. If there are no funds left in the estate I would have thought the only option for the council will be to write off any unpaid bills.
    Probably have to sell the flat to pay the bills
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    Default Re: Council Tax

    [QUOTE=Pugwash;1728771]I don't understand how you say there's nothing in the estate if the flat forms part of it. If there are liabilites to the estate then the executor would not be able to wind up the estate and distribute the proceeds (such as the flat) without having the means to pay off the debts. l/quote] That is correct. If there is not enough money, the executor sells the property and pays the debts ( including their own costs and solicitor's fees ) from the proceeds of the sale.
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