Council Tax Compensation for uninhabitable flat?

by Readers Question

10:06 AM, 7th March 2016
About 3 years ago

Council Tax Compensation for uninhabitable flat?

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Council Tax Compensation for uninhabitable flat?

I am receiving insurance compensation for loss of rent due to the upstairs flat that I own becoming uninhabitable. Subsequently my tenant has had to move out and building works are set to continue until the end of this year, but I am still receiving the rent as it was insured.compensation

However I have just had a large demand for council tax. Am I liable to pay this or the freeholders as it was their fault that my tenant has had to move out or the insurance company.

Grateful for any responses and advice.

Berry



Comments

Neil Patterson

10:08 AM, 7th March 2016
About 3 years ago

Hi Berry,

Have you spoken to your insurers yet as we would have no way of knowing what you are covered for unfortunately?

Berry Gayle

11:58 AM, 7th March 2016
About 3 years ago

Reply to the comment left by "Neil Patterson" at "07/03/2016 - 10:08":

Hello and thank you for your reply. I have contacted the insurers and they only cover loss of rent. As both myself and the tenant are prohibited from occupying or entering the property, as it is uninhabitable, I'm not sure whether I am liable or not.

Rob Crawford

13:09 PM, 7th March 2016
About 3 years ago

Hi Berry, I assume you also have landlord's building insurance with legal cover? If so these sort of expenses may be covered by that. They will act on your behalf and cover legal expenses. I am assuming this is some sort of building repair issue. It may also be worth looking at the freeholders lease agreement and establishing what obligations they have to you for these sort of expenses. In any case I would forward the bill to the freeholder with a polite request for payment, you will need a formal response from them before you can act further.

Alison King

13:33 PM, 7th March 2016
About 3 years ago

Have you told the council the property is uninhabitable? They might push back but if major building works are in progress you have a good case, and they do have the discretion to waive council tax under these circumstances so be persistent.

Berry Gayle

13:42 PM, 7th March 2016
About 3 years ago

Reply to the comment left by "Rob Crawford" at "07/03/2016 - 13:09":

Great idea. Will look at the lease and see what it says.
Thanks so much.

Berry Gayle

13:47 PM, 7th March 2016
About 3 years ago

Reply to the comment left by "Alison King" at "07/03/2016 - 13:33":

Have not told them but I presume they should know as I am not the only one affected. Also wanted to have a heads up in case they say I have no case as they can be quite 'demanding' and 'threatening'. But I will discuss it with them once I know my rights.
Thanks for your response.

Gary Dully

18:54 PM, 7th March 2016
About 3 years ago

Reply to the comment left by "Berry Gayle" at "07/03/2016 - 13:47":

I am renovating an uninhabitable wreck in Birkenhead and the council simply won't budge and are charging me both council tax and a 50% premium on top for the property being out of use for over 2 years.

I just don't understand the logic of it, but that is my experience of Wirral council, the same applied with Flintshire County Council, but strangly enough Liverpool Council were more sympathetic and allowed 6 months without charge, when I was renovating a flat there a few years ago.


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