Council tax exemptions - who has to prove un/furnished?

[Juliejak]

Hi - I'm new to the site, and v. glad to have found it.

I have a query about Council Tax exemptions for unoccupied property.

Our tenant died, and we wanted exemption from council tax until a new tenant moved in. We undertsand that legally, no one was allowed to move out her furniture and belongings until probate had been granted, as the heirs (her two daughters) would not have legal title and be allowed to move stuff out until probate was obtained.

So the property would have to remain furnished for that period.

After that, the furniture was moved out (not all at once!) while redecorating got under way (badly needed!)(the tenant had only used one bedroom and the bathroom, no where else)(she had non-stop carers, her daughters). We got new tenants in about three months after probate was granted.

Who has to prove what to get unfurnished/unoccuped Class C exemption from council tax.? We understand we can't claim Class F, because the occupant was only a tenant, not the owner. Does anyone know different? But for Class C, is it up to the council to prove (eg, by sending round an inspector) that the property was both furnished and occuped, or is it up to the landlord to prove to the council that the property was both unoccupied and unfurnished (they accept it was unoccuped, but claim it was still furnished!)

Plus, is there any kind of 'reasonable period' to clear the furniture out once probate is granted. We didn't hassle the two sisters as it seemed very mean to do so. We got moving on the redecoration and other repairs and refurb work. I know you are allowed under Class C to have things like a table and chairs in the house, and a kettle and mugs, for the decorators to use, and that still counts as unfurnished.

We are being plagued for council tax, and don't know if we have a good case for contesting (ie, who has to prove what!).

Thanks for any answers - much appreciated. Juliejak.

[Melboy]

Provided you inform the CT department asap and receive the Council's permission to have a property declared as not liable for CT under their laid out terms and conditions you should be OK...but I stress that some councils have different rules regarding unoccupied property undergoing refurbishment.

Mel.

[Mortitia]

As I understand it you can clear a property where a tenant has died in 14 days. Some may think this insensitive and want to leave it longer for the family's sake but business goes on.

It is incorrect that probate has to be granted before goods can be moved. I cleared my parents flat 3 days after death and probate was still granted some 3 months later. The daughters may be short of somewhere to store the goods and so they came up with this tale.

Show local council copy of death certificate and state why you want a class C status on council tax. Let them visit if necessary but I think you have been had over on the matter of goods remaining in the flat. I doubt if this is a unique situation for your local authority - so ask their advice explaining the situation and get the daughters to sign a statement as to why they did not remove the furniture from the empty flat.

Mortitia

[Melboy]

I have re-read this..........

You do not have to wait until probate has been granted....fact. Probate takes on average 6 months to complete. No landlord would or should be expected to wait for that long.

The London Borough of Bexleyheath, for instance, give their deceased council tenant's executor 14 days to clear the house ready for the next tenent.....fact ...been there and done it! no sentiment from them then.

Mel.

[Chestnut]

Not sure I understand this?

Juliejak, Have you actually had a bill for council tax?

My property has always had exemption between tenants (in form of zero bill), but this is after I have routinely informed LA, along with utility companies, of tenant's departure date, and subsequently of next tenant's arrival date, pointing out that my agreement requires tenant pays these dues during occupancy.

One could assume in your case that tenancy after a death terminates on removal of furniture by executors, therefore executors should rightfully be charged for any outstanding dues such as council tax until then.

I concur with others on the time scale for removal - nothing to do with probate. My experience of a death in a rented situation is limited to a care home where furniture was requested to be cleared within 14 days of death, preferably 7. Why should a rented home be any different?

I would expect probate rules to apply to disposal of furniture, not removal. Executors could store it elsewhere meantime.