council tax misery after bereavement

[stressbot]

hi all,

i would be very grateful for any advise on my current situation, which im sure will be a growing problem over the next few years.

my mother died in june of last year, leaving her house in cheltenham jointly to my sister and i (both of us live well outside the county). the house is empty and has been on the market ever since, with nary a purchaser in sight despite dropping the asking price considerably.

we did have a period of 6 months after mothers death when we didnt have to pay the full amount of council tax, but that time has passed. there is a small (well smallish but growing!) mortgage on the property by way of an equity release scheme with northern rock, the terms of which do not allow us to rent the property out.

changing to a buy to let mortgage might be a possibility, but my sister is retired and i am in receipt of disability benefits, so that might become an even stickier problem.

i have been in touch with cheltenham council and explained that finding an extra £635 (my share of the council tax bill) on benefits is simply not possible, but they are just not interested. nor can i claim any benefits against the tax as im not resident in the property.

i simply dont know where to turn. i can't afford to pay the bill and im well aware of the 'determination' with which councils chase unpaid bills!

does anybody have any ideas at all?
i have also this afternoon written to my local MP.

many thanks for any suggestions.

[michelle73]

Originally Posted by stressbot

hi all,

i would be very grateful for any advise on my current situation, which im sure will be a growing problem over the next few years.

my mother died in june of last year, leaving her house in cheltenham jointly to my sister and i (both of us live well outside the county). the house is empty and has been on the market ever since, with nary a purchaser in sight despite dropping the asking price considerably.

we did have a period of 6 months after mothers death when we didnt have to pay the full amount of council tax, but that time has passed. there is a small (well smallish but growing!) mortgage on the property by way of an equity release scheme with northern rock, the terms of which do not allow us to rent the property out.

changing to a buy to let mortgage might be a possibility, but my sister is retired and i am in receipt of disability benefits, so that might become an even stickier problem.

i have been in touch with cheltenham council and explained that finding an extra £635 (my share of the council tax bill) on benefits is simply not possible, but they are just not interested. nor can i claim any benefits against the tax as im not resident in the property.

i simply dont know where to turn. i can't afford to pay the bill and im well aware of the 'determination' with which councils chase unpaid bills!

does anybody have any ideas at all?
i have also this afternoon written to my local MP.

many thanks for any suggestions.

Hi there, myself and my siblings have found ourselves in this position. My mum died in February and her partner remained in the house until april when he moved into sheltered accomodation. I informed our local council who gave us an exemption based on the fact that the house was empty and unfurnished. I have now received a bill from October and when I queried it I was told that the emeption was only valid for six months. I have tried every way to argue it only to be told that if wasn't paid it would go to court and then a warrant of execution waould be issued which would generate a bailiff. I said fine, the house is empty, take as much as they could carry! They went on then to tell me that as my name was on the bill, the bailiffs would then be able to come and pillage my property! There is no way I can get out of paying this. I would be interested to know how you get on. Keep me posted.

[michelle73]

Hi all, thought I would resurrect this thread as I need more help!! I have been paying council tax on my late mothers property since last year and have continued to do so. Until now, the £120 per month bill has been split four ways, myself, my sister and my two brothers have all paid equal shares. Now though, it would appear that one of my brothers will no longer contribute to paying this! Like we have a choice!! The situation becomes more interesting as the brother who will not pay anymore was actually disinherited from my mothers will (dated 1995). This was due to a massive family fall out that did get resolved over the years. My late mother however, did have new at least three new wills written since this date but interestingly, never signed them, making the 1995 legally binding. Now, when this was discovered shortly after mums death last year, myself, my sister and my brother all agreed that we would put my other brother back in the will as that was the right thing to do. Since all this, we have been trying to sell my mothers property so we can settle the estate and as such, have all mucked in getting the house ready to sell. Again, all except the disinherited brother. So one of my questions is, should I contact the council tax and inform them that he is unwilling to pay and then let them send the bailiffs to his house? Many more questions to follow!!

	Do It Yourself Will kit You can't take it with you when you die! Follow this link to read the review of the DIY Last Will and Testament kit by Lawpack.

[ss002d6252]

From the last valid will, if the 'disinherited brother' was not left a share of the property then unless he has subsequently been signed over a share of the property he has no legal responsibility for the council tax bill.

As long as no one is resident in the property all of the legal owners fall jointly liable for any council tax due and any of them can be pursued for any council tax due,

[Mydogsawestie]

I had a run in with the council tax wanting to spread my payments over 12mths instead of 10mths to help spread the outgoings, they were as hard as nails in not agreeing to this despite sending in my SOA & hubbys redundancy letter as proof.

I went to local MP (email yours even) to assist you with your problem. Mine cont the council on my behalf who then have now wrote to me to telephone some bigwig now in order I can have my situation now addressed. It wasnt that I was after c tax benefit or anything.
I Hope you get something sorted with a reduction perhaps or the house sold soon.

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[dx100uk]

its a nightmare paying council tax on 2 properties, i had that when my parents died too. you are getting the unoccupied discount aren't you?

dx

[michelle73]

Originally Posted by dx100uk

its a nightmare paying council tax on 2 properties, i had that when my parents died too. you are getting the unoccupied discount aren't you?

dx

nope, apparentley not entitled to any discount!