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Unpaid CT - Council going for CO


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I've been helping an absent overseas friend with his "affairs".   

 

Friend has a small residence that is considered his main home albeit it is empty and has been for years whilst he is stuck overseas (ill health/ family issues)

The Council have sent him CT demands for each year and since 2017 they all remain unpaid (not sure about previous years).   They have got LO's each time. 

 

Going through all his papers - there is a letter from the council demanding payment of CT going back to 2017.

It is a warning letter - of "imminent charging order proceedings".

It refers to 3 charging periods: 17-18, 18-19, and 19-20.  All of which he owes.

However - the amounts are clearly wrong. 

The council have been charging him the full amount.  They have not attributed 25% single occupancy.

(Its 1 bed and he is being charged apx £1200 (+costs) pa)

 

I am not sure when the 25% deduction was introduced ?  But the flat has only ever been occupied by him since he bought it in the late 80s.

 

Clearly he won't want a CO on his property.

 

So, on his behalf, I am looking at ways to stall their "imminent CO proceedings".

Can we send in a SAR so we can see what he has paid historically?

And can he write to the council to put the account into dispute?

I suspect the unchallenged Liability Orders may be a problem??   But he hasn't been in the UK to respond or attend.   Can they retrospectively be challenged too?

What I am thinking is - can he ask for the 25% reduction to be attributed historically?   For all the years he paid the full amount when he was eligible for the single occupancy discount?  It would mean that the council probably owe him !

 

Having read a couple other threads on here, I'm a little concerned that they may add on another charging period - which could then increase the alleged amount owing to being over £5k - and they'd then try serve a SD/ bankruptcy petition...  So I want to get on this asap.

 

Advice most welcome.

 

 

 

 

 

 

 

 

Edited by HP Mum
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Hi Mum,

 

How an empty property is treated for CT purposes depends on the Council involved, whether it is furnished or not.

 

Some Councils actually charge a premium on top of the normal CT amount if a property is left empty, to discourage it being left unoccupied.

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Thanks Slick

I don't think he'd argue it is "empty".  It's more a question of the 25% single occupancy discount that the council hasn't applied to his account.    It is furnished.

 

He was living in the property - plus always some months overseas in his other residence.  He would be splitting his time between them now if he hadn't got stuck overseas due to ill health and family issues - and of course with all the lockdowns in the last year.

 

 

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Hi Mum,

 

I think they (or you) should claim the 25% single occupant CT Reduction asap as backdating will be limited.

 

Yes, there musy be many folk who have been stuck away from home due to Covid19.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Limited backdating?  That doesn't sound good.

If the council knew there was/is only one occupant historically could he not question why they never billed him correctly? 

I'm thinking like decades of him over-paying.

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Get it started asap and keep us posted ..............

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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